---
kind: "section"
citation: "38 C.F.R. § 42.5"
title: "38"
number: "42.5"
heading: "Review by the reviewing official."
url: "https://uscodex.org/cfr/38/42.5"
---

# §42.5. Review by the reviewing official.

- (a) The report of the investigating official will be examined by the reviewing official to determine if there is adequate evidence to believe a person is liable under [§ 42.3](/cfr/38/42.3.md) of this part. The review will be completed within 90 days.
- (b) If, based on the report of the investigating official under [§ 42.4(b)](/cfr/38/42.4.md?p=b) of this part, the reviewing official determines that there is adequate evidence to believe that a person is liable under [§ 42.3](/cfr/38/42.3.md) of this part, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under [§ 42.7](/cfr/38/42.7.md) of this part.
- (c) The 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 [§ 42.3](/cfr/38/42.3.md) 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.
- (d) If the reviewing official finds that there is not adequate evidence that a person is liable, the reviewing official will inform the department or office of the Department of Veterans Affairs concerned with the claim or statement and the investigating official.

## Notes

### Authority

Authority: Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874, codified at 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 16710, May 11, 1988, unless otherwise noted.