20 CFR 355.5 - Review by the reviewing official.

Code of Federal Regulations - Title 20: Employees' Benefits

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Title 20: Employees' Benefits

CHAPTER II: RAILROAD RETIREMENT BOARD

SUBCHAPTER E: ADMINISTRATIVE REMEDIES FOR FRAUDULENT CLAIMS OR STATEMENTS

PART 355: REGULATIONS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

355.5 - Review by the reviewing official.

(a) If, based on the report of the investigating official under ? 355.4(b), the reviewing official determines that there is adequate evidence to believe that a person is liable under ? 355.3 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 ? 355.7.

(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 ? 355.3 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. Such a statement may be based upon information then known or an absence of any information indicating that the person may be unable to pay such an amount.

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