43 C.F.R. § 35.5

Current through September 30, 2024
Section 35.5 - Review by reviewing official
(a) If, based on the report of the investigating official under § 35.4(b) , the reviewing official determines that there is adequate evidence to believe that a person is liable under § 35.3 , the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under § 35.7 of this part.
(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 § 35.3 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.

43 C.F.R. §35.5