§ 35.5 - Review by reviewing official.  


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  • § 35.5 Review by reviewing official.

    (a) If, based on the report of the investigating official under § 35.4(b), the reviewing official determines that there is adequate evidence to believe that a person is liable under § 35.3, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under § 35.7 of this part.

    (b) Such notice shall include -

    (1) A statement of the reviewing official's reasons for issuing a complaint;

    (2) A statement specifying the evidence that supports the allegations of liability;

    (3) A description of the claims or statements upon which the allegations of liability are based;

    (4) An estimate of the amount of money, or the value of property, services, or other benefits, requested or demanded in violation of § 35.3 of this part;

    (5) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements known by the reviewing official or the investigating official; and

    (6) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.