[Code of Federal Regulations]

[Title 39, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 39CFR273.8]



[Page 139]

 

                        TITLE 39--POSTAL SERVICE

 

                 CHAPTER I--UNITED STATES POSTAL SERVICE

 

PART 273_ADMINISTRATION OF PROGRAM FRAUD CIVIL REMEDIES ACT--Table of 

Contents

 

Sec.  273.8  Issuance of complaint.



    (a) If the Attorney General or his designee approves the referral of 

allegations of liability to the Judicial Officer, the Reviewing Official 

shall serve on the Respondent, pursuant to paragraph (b) of this 

section, a Complaint, which:

    (1) Specifies the allegations of liability against the Respondent, 

including the statutory basis for liability;

    (2) Identifies the claims or statements that are the basis for the 

alleged liability, and the reasons why liability allegedly arises from 

such claims or statements;

    (3) Specifies the amount of penalties or assessments the Postal 

Service seeks to impose;

    (4) Informs the Respondent of his right to request an oral hearing 

before, or a decision on the record by, a Presiding Officer concerning 

the allegations of liability and the amount of proposed penalties or 

assessments;

    (5) Informs the Respondent of how to request a hearing described in 

paragraph (a)(4) of this section;

    (6) Includes a copy of the procedures which govern hearings under 

the Program Fraud Civil Remedies Act, and which are set forth in part 

962 of this title; and

    (7) Notifies the Respondent that his or her failure to request a 

hearing on the issues raised by the Complaint within 30 days of its 

receipt may result in the imposition of the proposed penalty and 

assessments pursuant to Sec. Sec.  962.4(a) and 962.15(d) of this title.

    (b) Service of a Complaint issued under paragraph (a) of this 

section must be effected by registered or certified mail, return-receipt 

requested, or by personal delivery. In the case of personal service, the 

person making service shall, if possible, secure from the person sought 

to be served, or his or her agent, a written acknowledgment of receipt, 

showing the date and time of such receipt. If the person upon whom 

service is made declines to acknowledge receipt, the person effecting 

service shall execute a statement, indicating the time, place and manner 

of service, which shall constitute evidence of service.



[52 FR 12901, Apr. 20, 1987, as amended at 56 FR 55825, Oct. 30, 1991]