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36 C.F.R. §§ 1201.14–1201.16

3 sections in range

§1201.14. What should I expect to receive from NARA if I owe a debt to NARA?

36 C.F.R. § 1201.14

(a)
NARA will send you a written notice when we determine that you owe a debt to NARA. The notice will be hand-delivered or sent to you at the most current address known to NARA. The notice will inform you of the following:
(1)
The amount, nature, and basis of the debt;
(2)
That a designated NARA official has reviewed the claim and determined that it is valid;
(3)
That payment of the debt is due as of the date of the notice, and that the debt will be considered delinquent if you do not pay it within 30 days of the date of the notice;
(4)
NARA's policy concerning interest, penalty charges, and administrative costs (see § 1201.18), including a statement that such assessments must be made against you unless excused in accordance with the FCCS and this part;
(5)
That you have the right to inspect and copy disclosable NARA records pertaining to your debt, or to receive copies of those records if personal inspection is impractical;
(6)
That you have the opportunity to enter into an agreement, in writing and signed by both you and the designated NARA official, for voluntary repayment of the debt (see § 1201.19);
(7)
The address, telephone number, and name of the NARA official available to discuss the debt;
(8)
Possible collection actions that might be taken if the debt is not paid within 60 days of the notice, or arrangements to pay the debt are not made within 60 days of the notice (see § 1201.15 for a fuller description of possible actions);
(9)
That NARA may suspend or revoke any licenses, permits, or other privileges for failure to pay a debt; and
(10)
Information on your opportunity to obtain a review of the debt (see § 1201.16).
(b)
NARA will respond promptly to communications from you.
(c)
Exception to entitlement to notice, hearing, written responses, and final decisions. With respect to the regulations covering internal salary offset collections (see § 1230.32), NARA excepts from the provisions of paragraph (a) of this section—
(1)
Any adjustment to pay arising out of an employee's election of coverage or a change in coverage under a Federal benefits program requiring periodic deductions from pay, if the amount to be recovered was accumulated over 4 pay periods or less;
(2)
A routine intra-agency adjustment of pay that is made to correct an overpayment of pay attributable to clerical or administrative errors or delays in processing pay documents, if the overpayment occurred within the 4 pay periods preceding the adjustment and, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and point of contact for contesting such adjustment; or
(3)
Any adjustment to collect a debt amounting to $50 or less, if, at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment.
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 5514; 31 U.S.C. 3701-3720A, 3720D; 44 U.S.C. 2104(a).

Source

Source: 67 FR 44757, July 5, 2002, unless otherwise noted.

§1201.15. What will the notice tell me regarding collection actions that might be taken if the debt is not paid within 60 days of the notice, or arrangements to pay the debt are not made within 60 days of the notice?

36 C.F.R. § 1201.15

The notice provided under § 1201.14 will advise you that within 60 days of the date of the notice, your debt (including any interest, penalty charges, and administrative costs) must be paid or you must enter into a voluntary repayment agreement. If you do not pay the debt or enter into the agreement within that deadline, NARA may enforce collection of the debt by any or all of the following methods:
(a)
By referral to a credit reporting agency (see § 1201.12), private collection contractor (see § 1201.13), or the DOJ (see § 1201.11).
(b)
By transferring any debt to the Treasury for collection, including under a cross-servicing agreement with the Treasury (see § 1201.10).
(c)
If you are a NARA employee, by deducting money from your disposable pay account until the debt (and all accumulated interest, penalty charges, and administrative costs) is paid in full (see subpart C of this part). NARA will specify the amount, frequency, approximate beginning date, and duration of the deduction. 5 U.S.C. 5514 and 31 U.S.C. 3716 govern such proceedings;
(d)
If you are an employee of a Federal agency other than NARA, by initiating certification procedures to implement a salary offset by that Federal agency (see subpart C of this part). 5 U.S.C. 5514 governs such proceedings;
(e)
By referring the debt to the Treasury for offset against any refund of overpayment of tax (see subpart D of this part);
(f)
By administrative offset (see subpart E of this part);
(g)
By administrative wage garnishment (see subpart F of this part); or
(h)
By liquidation of security or collateral. NARA has the right to hold security or collateral, liquidate it, and apply the proceeds to your debt through the exercise of a power of sale in the security instrument or a foreclosure. NARA will not follow the procedures in this paragraph (h) if the cost of disposing the collateral will be disproportionate to its value.
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 5514; 31 U.S.C. 3701-3720A, 3720D; 44 U.S.C. 2104(a).

Source

Source: 67 FR 44757, July 5, 2002, unless otherwise noted.

§1201.16. What will the notice tell me about my opportunity for review of my debt?

36 C.F.R. § 1201.16

The notice provided by NARA under §§ 1201.14 and 1201.15 will also advise you of the opportunity to obtain a review within NARA concerning the existence or amount of the debt or the proposed schedule for offset of Federal employee salary payments. The notice will also advise you of the following:
(a)
The name, address, and telephone number of a NARA official whom you may contact concerning procedures for requesting a review;
(b)
The method and time period for requesting a review;
(c)
That the filing of a request for a review on or before the 60th day following the date of the notice will stay the commencement of collection proceedings;
(d)
The name and address of the NARA official to whom you should send the request for a review;
(e)
That a final decision on the review (if one is requested) will be issued in writing at the earliest practical date, but not later than 60 days after the receipt of the request for a review, unless you request, and the review official grants, a delay in the proceedings;
(f)
That any knowingly false or frivolous statements, representations, or evidence may subject you to:
(1)
Disciplinary procedures appropriate under 5 U.S.C. Chapter 75, 5 CFR part 752, or any other applicable statute or regulations;
(2)
Penalties under the False Claims Act (31 U.S.C. 3729-3733) or any other applicable statutory authority; and
(3)
Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or any other applicable statutory authority;
(g)
Any other rights available to you to dispute the validity of the debt or to have recovery of the debt waived, or remedies available to you under statutes or regulations governing the program for which the collection is being made; and
(h)
That unless there are applicable contractual or statutory provisions to the contrary, amounts paid on or deducted for the debt that are later waived or found not owed will be promptly refunded to you.
Notes, amendments, and revision history

Authority

Authority: 5 U.S.C. 5514; 31 U.S.C. 3701-3720A, 3720D; 44 U.S.C. 2104(a).

Source

Source: 67 FR 44757, July 5, 2002, unless otherwise noted.