---
kind: "section"
citation: "7 C.F.R. § 1.305"
title: "7"
number: "1.305"
heading: "Review by the reviewing official."
url: "https://uscodex.org/cfr/7/1.305"
---

# §1.305. Review by the reviewing official.

- (a) Upon receipt of the report of the investigating official, the reviewing official may refer the report to the appropriate agency fraud claims officer (AFCO) for a recommendation with respect to the determination required under this section.
- (b) The AFCO shall evaluate the evidence and make a recommendation to the reviewing officer within 45 days of receipt of the report of the investigating official.
- (c) The reviewing official is not bound by the recommendation of the AFCO, and may accept or reject it.
- (d) If, based on the report of the investigating official under [§ 1.304(f)](/cfr/7/1.304.md?p=f) of this part, the reviewing official determines that there is adequate evidence to believe that a person is liable under [§ 1.303](/cfr/7/1.303.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 [§ 1.307](/cfr/7/1.307.md) of this part.
- (e) Such notice shall include—
  - (1) A statement of the reviewing official's reasons for issuing a complaint;
  - (2) A statement of 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 [§ 1.303](/cfr/7/1.303.md) of this part;
  - (5) A statement of any exculpatory or mitigating circumstances that may relate to the claims or statements;
  - (6) A statement that there is a reasonable prospect of collecting the amount specified in [§ 1.307(b)(2)](/cfr/7/1.307.md?p=b-2) of this part and the reasons supporting such statement.

## Notes

### Authority

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

### Source

Source: 56 FR 9582, Mar. 7, 1991, unless otherwise noted. Correctly designated at 57 FR 3909, Feb. 3, 1992.

### Authority

Authority: 5 U.S.C. 301, unless otherwise noted.