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Understanding the Role of Reviewing Official [Education] in Oversight
Definition & Meaning
The term "reviewing official" refers to a designated individual within the Department of Education who is responsible for overseeing investigations related to program fraud. This person must meet specific criteria to ensure impartiality and independence. A reviewing official is typically the General Counsel of the Department or someone appointed by them, who does not work under the supervision of the investigating official and is not part of the same organizational unit. Additionally, this individual must hold a position that pays at least the minimum for a GS-16 grade under the General Schedule.
Table of content
Legal Use & context
The role of a reviewing official is significant in legal contexts involving program fraud, particularly in civil cases related to federal education programs. This term is often encountered in administrative procedures where allegations of fraud are investigated. Users may need to engage with forms or processes related to these investigations, for which US Legal Forms provides templates and resources to assist individuals in managing their legal needs effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a university is under investigation for misusing federal funds, the reviewing official would oversee the investigation to ensure it is conducted fairly and without bias. This person would not be involved in the investigation process directly.
Example 2: In a hypothetical scenario, if a complaint arises regarding a grant program, the reviewing official would ensure that the investigation adheres to legal standards and that the rights of all parties are protected.
Relevant laws & statutes
The primary regulation governing the role of a reviewing official is found in 34 CFR 33.2, which outlines the qualifications and responsibilities of this position. Additionally, the Program Fraud Civil Remedies Act (31 U.S.C. 3801) provides the legal framework for addressing fraud in federal programs.
Comparison with related terms
Term
Definition
Key Differences
Investigating Official
The person responsible for conducting the investigation.
Unlike the reviewing official, this person is directly involved in the investigation process.
General Counsel
The chief legal officer of the Department.
The reviewing official may be the General Counsel or a designated representative, while the General Counsel has broader legal responsibilities.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a situation where the role of a reviewing official is relevant, it is advisable to understand your rights and the investigation process. You may consider utilizing US Legal Forms to access templates that can help you prepare necessary documentation. If the situation is complex, seeking professional legal advice is recommended to navigate the process effectively.
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