---
kind: "section"
citation: "34 C.F.R. § 33.5"
title: "34"
number: "33.5"
heading: "Review by the reviewing official."
url: "https://uscodex.org/cfr/34/33.5"
---

# §33.5. Review by the reviewing official.

- (a) If, based on the report of the investigating official under [§ 33.4(b)](/cfr/34/33.4.md?p=b), the reviewing official determines that there is adequate evidence to believe that a person is liable under [§ 33.3](/cfr/34/33.3.md) of this part, the reviewing official transmits to the Attorney General a written notice of the reviewing official's intention to issue a complaint under [§ 33.7](/cfr/34/33.7.md).
- (b) The notice must 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 [§ 33.3](/cfr/34/33.3.md);
  - (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. Such a statement may be based upon information then known or an absence of any information indicating that the person may be unable to pay such an amount.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 15675, May 3, 1988, unless otherwise noted.