Current through November 30, 2024
Section 42.5 - Review by the reviewing official(a) The report of the investigating official will be examined by the reviewing official to determine if there is adequate evidence to believe a person is liable under § 42.3 of this part. The review will be completed within 90 days.(b) If, based on the report of the investigating official under § 42.4(b) of this part, the reviewing official determines that there is adequate evidence to believe that a person is liable under § 42.3 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 § 42.7 of this part.(c) The 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 § 42.3 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.(d) If the reviewing official finds that there is not adequate evidence that a person is liable, the reviewing official will inform the department or office of the Department of Veterans Affairs concerned with the claim or statement and the investigating official.