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§35.5. Review by reviewing official.

43 C.F.R. § 35.5

(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.
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 301; 31 U.S.C. 3801-3812.

Source

Source: 53 FR 4160, Feb. 12, 1988, unless otherwise noted.