7 CFR §1.305
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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) of this part, the reviewing official determines that there is adequate evidence to believe that a person is liable under § 1.303 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 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 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) of this part and the reasons supporting such statement.