---
kind: "section"
citation: "41 C.F.R. § 105-70.005"
title: "41"
number: "105-70.005"
heading: "Review by the reviewing official."
url: "https://uscodex.org/cfr/41/105-70.005"
---

# §105-70.005. Review by the reviewing official.

- (a) If, based on the report of the investigating official under [§ 105-70.004(b)](/cfr/41/105-70.004.md?p=b), the reviewing official determines that there is adequate evidence to believe that a person is liable under [§ 105-70.003](/cfr/41/105-70.003.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 [§ 105-70.007](/cfr/41/105-70.007.md).
- (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 [§ 105-70.003](/cfr/41/105-70.003.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.

## Notes

### Authority

Authority: 40 U.S.C. 121(c); 31 U.S.C. 3809.

### Source

Source: 52 FR 45188, Nov. 25, 1987, unless otherwise noted.