---
kind: "section"
citation: "5 C.F.R. § 185.105"
title: "5"
number: "185.105"
heading: "Review by the reviewing official."
url: "https://uscodex.org/cfr/5/185.105"
---

# §185.105. Review by the reviewing official.


If, based on the report of the investigating official under [§ 185.104(b)](/cfr/5/185.104.md?p=b), the reviewing official determines that there is adequate evidence to believe that a person is liable under [§ 185.103](/cfr/5/185.103.md), the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to have a complaint issued under [§ 185.107](/cfr/5/185.107.md). Such notice shall include:

- (a) A statement of the reviewing official's reasons for issuing a complaint;
- (b) A statement specifying the evidence that supports the allegations of liability;
- (c) A description of the claims or statements upon which the allegations of liability are based;
- (d) An estimate of the amount of money, or the value of property, services, or other benefits, requested or demanded in violation of [§ 185.103](/cfr/5/185.103.md);
- (e) 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
- (f) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.

## Notes

### Authority

Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.

### Source

Source: 60 FR 7891, Feb. 10, 1995, unless otherwise noted.