---
kind: "section"
citation: "45 C.F.R. § 79.5"
title: "45"
number: "79.5"
heading: "Review by the reviewing official."
url: "https://uscodex.org/cfr/45/79.5"
---

# §79.5. Review by the reviewing official.

- (a) If, based on the report of the investigating official under [§ 79.4(b)](/cfr/45/79.4.md?p=b), the reviewing official determines that there is adequate evidence to believe that a person is liable under [§ 79.3](/cfr/45/79.3.md), the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's attention to issue a complaint under [§ 79.7](/cfr/45/79.7.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 [§ 79.3](/cfr/45/79.3.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.

## Notes

### Authority

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

### Source

Source: 53 FR 11659, Apr. 8, 1988, unless otherwise noted.