Hearing and determinations
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(a)
(1)
The investigating official of an authority may investigate allegations that a person is liable under section 3802 of this title and shall report the findings and conclusions of such investigation to the reviewing official of the authority. The preceding sentence does not modify any responsibility of an investigating official to report violations of criminal law to the Attorney General.
(2) If the reviewing official of an authority determines, based upon the report of the investigating official under paragraph (1) of this subsection, that there is adequate evidence to believe that a person is liable under section 3802 of this title, the reviewing official shall transmit to the Attorney General a written notice of the intention of such official to refer the allegations of such liability to a presiding officer of such authority. Such notice shall include—
(A)
a statement of the reasons of the reviewing official for the referral of such allegations;
(B)
a statement specifying the evidence which supports such allegations;
(C)
a description of the claims or statements for which liability under section 3802 of this title is alleged;
(D)
an estimate of the amount of money or the value of property or services requested or demanded in violation of section 3802 of this title; and
(E)
a statement of any exculpatory or mitigating circumstances which may relate to such claims or statements.
(b)
(1) Within 90 days after receipt of a notice from a reviewing official under paragraph (2) of subsection (a), the Attorney General or an Assistant Attorney General designated by the Attorney General shall transmit a written statement to the reviewing official which specifies—
(A)
that the Attorney General or such Assistant Attorney General approves or disapproves the referral to a presiding officer of the allegations of liability stated in such notice;
(B)
in any case in which the referral of allegations is approved, that the initiation of a proceeding under this section with respect to such allegations is appropriate; and
(C)
in any case in which the referral of allegations is disapproved, the reasons for such disapproval.