Procedures for notification of intent to collect by administrative offset.

CFR · 2024-01-01 · US · Title 7

(a) Prior to initiation of collection by administrative offset, a creditor agency must: (1) Send the debtor a written Notice of Intent to Collect by Administrative Offset, by mail or hand-delivery, of the (2) Give the debtor the opportunity: (i) To inspect and copy agency records related to the debt; (ii) For a review within the agency of the determination of indebtedness in accordance with subpart F of this part; and (iii) To make a written agreement to repay the debt. (b) The procedures specified in paragraph (a) of this section are not required when: (1) The offset is in the nature of a recoupment; (2) The debt arises under a contract subject to the Contracts Disputes Act; (3) In the case of a non-centralized administrative offset, the agency first learns of the existence of the amount owed by the debtor when there is insufficient time before payment would be made to the debtor/payee to allow for prior notice and an opportunity for review. When prior notice and an opportunity for review are omitted, the agency will give the debtor such notice and an opportunity for review as soon as practicable and will promptly refund any money ultimately found not to have been owed to the government; or (4) The agency previously has given a debtor any of the notice and review opportunities required under this part, with respect to a particular debt (see, for example, § 3.11). With respect to loans paid on an installment basis, notice and opportunity to review under this part may only be

official document · source cfr-2024 · id 7:§ 3.41