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e-CFR Data is current as of November 19, 2009


Title 45: Public Welfare
PART 79—PROGRAM FRAUD CIVIL REMEDIES

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§ 79.5   Review by the reviewing official.

(a) If, based on the report of the investigating official under §79.4(b), the reviewing official determines that there is adequate evidence to believe that a person is liable under §79.3, 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.

(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 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.

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