{"data":{"id":"us/38-cfr-42.5","jurisdiction":"us","citation":"38 CFR 42.5","heading":"Review by the reviewing official.","body":"(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.\n(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.\n(c) The notice shall include—\n(1) A statement of the reviewing official's reasons for issuing a complaint;\n(2) A statement specifying the evidence that supports the allegations of liability;\n(3) A description of the claims or statements upon which the allegations of liability are based;\n(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;\n(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\n(6) A statement that there is a reasonable prospect of collecting an appropriate amount of penalties and assessments.\n(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.","path":["Title 38—Pensions, Bonuses, and Veterans' Relief","CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS","PART 42—STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-38.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:50Z","sha256":"31898f1f36c68f740264fb70ae3f791ecfa6e221eb2f101c73e0870ba0263bf4","source_id":"us-cfr","stale":true,"prev":"us/38-cfr-42.4","next":"us/38-cfr-42.6"},"notice":"GroundRules: Original legal text. Not legal advice."}