[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

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

[CITE: 28CFR11.9]



[Page 249-250]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 11_DEBT COLLECTION--Table of Contents

 

               Subpart B_Administration of Debt Collection

 

Sec. 11.9  Administrative offset.



    (a) Collection. The organization head may collect a claim pursuant 

to 31 U.S.C. 3716 from a person, organization, or entity other than an 

agency of the United States Government by administrative offset of 

monies other than salaries payable by the government. Collection by 

administrative offset shall be undertaken where the claim is certain in 

amount, where offset is feasible and desirable and not otherwise 

prohibited, where the applicable statute of limitations has not expired, 

and where the offset is in the best interest of the United States.

    (b) Withholding of payment. Prior to the completion of the 

procedures described in paragraph (c) of this section, the Department 

may withhold a payment to be made to a debtor, if:

    (1) Failure to withhold payment would substantially prejudice the 

Department's ability to collect the debt; and

    (2) The time before the payment is to be made does not reasonably 

permit completion of the procedures described in paragraph (c) of this 

section. Such prior withholding shall be followed promptly by the 

completion of the procedures described in paragraph (c) of this section.

    (c) Debtor's rights. Unless the procedures described in paragraph 

(b) of this section are used, prior to collecting any claim by 

administrative offset, the organization head shall provide the debtor 

with the following:

    (1) Written notification of the nature and amount of the claim, the 

intention of the organization head to collect the claim through 

administrative offset, and a statement of the rights of the debtor under 

this paragraph;



[[Page 250]]



    (2) An opportunity to inspect and copy the records of the Department 

with respect to the claim;

    (3) An opportunity to have the Department's determination of 

indebtedness reviewed by the organization head. Any request for review 

by the debtor shall be in writing and be submitted to the Department 

within 30 days of the date of the notice of the offset. The organization 

head may waive the time limit for requesting review for good cause shown 

by the debtor; and

    (4) An opportunity to enter into a written agreement for the 

repayment of the amount of the claim at the discretion of the 

Department.



If the procedures described in paragraph (b) of this section are 

employed, the procedures described in this paragraph shall be effected 

after offset.

    (d) Interest. The Department is authorized to assess interest and 

related charges on debts that are not subject to 31 U.S.C. 3717 to the 

extent authorized under the common law or other applicable statutory 

authority.