38 C.F.R. §§ 1.980–1.995

§1.980. Scope.

38 C.F.R. § 1.980

(a)

In accordance with 5 CFR part 550, subpart K, the provisions set forth in §§ 1.980 through 1.995 implement VA's authority for the use of salary offset to satisfy certain debts owed to VA.

(b)

These regulations apply to offsets from the salaries of current employees of VA, or any other agency, who owe debts to VA. Offsets by VA from salaries of current VA employees who owe debts to other agencies shall be processed in accordance with procedures set forth in 5 CFR part 550, subpart K.

(c)

These regulations do not apply to debts or claims arising under the Internal Revenue Code of 1954, as amended, the Social Security Act, the tariff laws of the United States, or to any case where collection of a debt by salary offset is explicitly provided for (e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108) or prohibited by another statute.

(d)

These regulations do not preclude an employee from requesting waiver of an overpayment under 38 U.S.C. 5302, 5 U.S.C. 5584, or any other similar provision of law, or in any way questioning the amount or validity of a debt not involving benefits under the laws administered by VA by submitting a subsequent claim to the General Accounting Office in accordance with procedures prescribed by that office.

(e)

These regulations do not apply to 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 four pay periods or less.

(f)

These regulations do not apply to 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 four pay periods preceding the adjustment and, at the time of such adjustment, or as soon thereafter as practicable, the individual is provided written notice of the nature and amount of the adjustment and a point of contact for contesting such adjustment.

(g)

These regulations do not apply to any adjustment to collect a debt amounting to $50 or less, if at the time of such adjustment, or as soon thereafter as practicable, the individual is provided with written notice of the nature and amount of the adjustment and a point of contact for contesting such adjustment.

(h)

These regulations do not preclude the compromise, suspension, or termination of collection action under the Federal Claims Collection Standards (FCCS) (31 CFR parts 900-904) and VA regulations 38 CFR 1.930 through 1.944.

(i)

The procedures and requirements of these regulations do not apply to salary offset used to recoup a Federal employee's debt where a judgment has been obtained against the employee for the debt.

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987, as amended at 54 FR 34980, Aug. 23, 1989; 69 FR 62202, Oct. 25, 2004]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987, as amended at 54 FR 34980, Aug. 23, 1989; 69 FR 62202, Oct. 25, 2004]

§1.981. Definitions.

38 C.F.R. § 1.981

(a)

Agency— means:

(1)

An executive agency as defined in 5 U.S.C. 105, including the U.S. Postal Service, and the U.S. Postal Rate Commission, and

(2)

A military department as defined in 5 U.S.C. 102.

(3)

An agency or court of the judicial branch, including a court as defined in 28 U.S.C. 610, the District Court for the Northern Mariana Islands, and the Judicial Panel on Multidistrict Litigation;

(4)

An agency of the legislative branch, including the U.S. Senate and the U.S. House of Representatives; and

(5)

Other independent establishments that are entities of the Federal Government.

(b)

Debt means an amount owed to the United States from sources which include loans insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interest, fines and forfeitures (except those arising under the Uniform Code of Military Justice), and all other similar sources.

(c)

Disposable pay means that part of current basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized pay remaining after the deduction of any amount required by law to be withheld. Excluded from this definition are deductions described in 5 CFR 581.105(b) through (f).

(d)

Employee means a current employee of VA or other Federal agency including a current member of the Armed Forces or a Reserve of the Armed Forces (Reserves).

(e)

Salary offset means an attempt to collect a debt under 5 U.S.C. 5514 by deduction(s) at one or more officially estabilished pay intervals from the current pay account of an employee without his or her consent.

(f)

Waiver means the cancellation, remission, forgiveness, or non-recovery of a debt owed by an employee to VA or another Federal agency as permitted or required by 5 U.S.C. 5584 or 38 U.S.C. 5302, or other similar statutes.

(g)

Extreme hardship to an employee means an employee's inability to provide himself or herself and his or her dependents with the necessities of life such as food, housing, clothing, transportation, and medical care.

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987]

§1.982. Salary offsets of debts involving benefits under the laws administered by VA.

38 C.F.R. § 1.982

(a)

VA will not collect a debt involving benefits under the laws administered by VA by salary offset unless the Secretary or appropriate designee first provides the employee with a minimum of 30 calendar days written notice.

(b)

If the employee has not previously appealed the amount or existence of the debt under 38 CFR parts 19 and 20 and the time for pursuing such an appeal has not expired (§ 20.302), the Secretary or appropriate designee will provide the employee with written notice of the debt. The written notice will state that the employee may appeal the amount and existence of the debt in accordance with the procedures set forth in 38 CFR parts 19 and 20 and will contain the determination and information required by § 1.983(b)(1) through (5), (7), (9), (10), and (12) though (14). The notice will also state that the employee may request a hearing on the offset schedule under the procedures set forth in § 1.984 and such a request will stay the commencement of salary offset.

(c)

If the employee previously appealed the amount or existence of the debt and the Board of Veterans Appeals decided the appeal on the merits or if the employee failed to pursue an appeal within the time provided by regulations, the Secretary or designee shall provide the employee with written notice prior to collecting the debt by salary offset. The notice will state:

(1)

The determinations and information required by § 1.983(b)(1)-(5), (7), and (12)-(14);

(2)

That the employee's appeal of the existence or amount of the debt was determined on the merits or that the employee failed to pursue an appeal within the time provided, and VA's decision is final except as otherwise provided in agency regulations;

(3)

That the employee may request a waiver of the debt pursuant to 38 CFR 1.911(c)(2) subject to the time limits of 38 U.S.C. 5302.

(4)

That the employee may request an oral or paper hearing on the offset schedule and receive a decision within 60 days of such request under the procedures and time limit set forth in § 1.984 and that such a request will stay the commencement of salary offset.

(d)

If the employee has appealed the existence or amount of the debt and the Board of Veterans Appeals has not decided the appeal on the merits, collection of the debt by salary offset will be suspended until the appeal is decided or the employee ceases to pursue the appeal.

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62202, Oct. 25, 2004]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62202, Oct. 25, 2004]

§1.983. Notice requirements before salary offsets of debts not involving benefits under the laws administered by VA.

38 C.F.R. § 1.983

(a)

For a debt not involving benefits under the laws administered by VA, the Secretary or designee will review the records relating to the debt to assure that it is owed prior to providing the employee with a notice of the debt.

(b)

Except as provided in § 1.980(e), salary offset of debts not involving benefits under the laws administered by VA will not be made unless the Secretary or designee first provides the employee with a minimum of 30 calendar days written notice. This notice will state:

(1)

The Secretary or designee's determination that a debt is owed;

(2)

The amount of the debt owed and the facts giving rise to the debt;

(3)

The Secretary or designee's intention to collect the debt by means of deduction from the employee's current disposable pay account until the debt and all accumulated interest and associated costs are paid in full;

(4)

The amount, frequency, approximate beginning date, and duration of the intended deductions;

(5)

An explanation of VA's requirements concerning interest, administrative costs, and penalties;

(6)

The employee's right to inspect and copy VA records relating to the debt or, if the employee or his or her representative cannot personally inspect the records, to request and receive a copy of such records;

(7)

The employee's right to enter into a written agreement with the Secretary or designee for a repayment schedule differing from that proposed by the Secretary or designee, so long as the terms of the repayment schedule proposed by the employee are agreeable to the Secretary or designee;

(8)

The VA employee's right to request an oral or paper hearing on the Secretary or appropriate designee's determination of the existence or amount of the debt, or the percentage of disposable pay to be deducted each pay period, so long as a request is filed by the employee as prescribed by the Secretary. The hearing official for the hearing requested by a VA employee must be either a VA administrative law judge or a hearing official from an agency other than VA. Any VA hearing official may conduct an oral or paper hearing at the request of a non-VA employee on the determination by an appropriately designated official of the employing agency of the existence or amount of the debt, or the percentage of disposable pay to be deducted each pay period, so long as a hearing request is filed by the non-VA employee as prescribed by the employing agency.

(9)

The method and time period for requesting a hearing;

(10)

That the timely filing of a request for a hearing (oral or paper) will stay the commencement of salary offset;

(11)

That a final decision after the hearing will be issued at the earliest practical date, but no later than 60 calendar days after the filing of the request for the hearing, unless the employee requests and the hearing officer grants a delay in the proceedings;

(12)

That any knowingly false or frivolous statements, representations, or evidence may subject the employee to:

(i)

Disciplinary procedures appropriate under 5 U.S.C. ch. 75, 5 CFR part 752, or any other applicable statutes or regulations;

(ii)

Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or any other applicable statutory authority; or

(iii)

Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002 or any other applicable statutory authority.

(13)

The employee's right, if applicable, to request waiver under 5 U.S.C. 5584 and 38 CFR 1.963a and any other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made; and

(14)

Unless there are applicable contractual or statutory provisions to the contrary, that amounts paid on or deducted for the debt which are later waived or found not owed to the United States will be promptly refunded to the employee.

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62202, Oct. 25, 2004; 72 FR 65462, Nov. 21, 2007]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62202, Oct. 25, 2004; 72 FR 65462, Nov. 21, 2007]

§1.984. Request for a hearing.

38 C.F.R. § 1.984

(a)

Except as provided in paragraph (b) of this section and in § 1.982, an employee wishing a hearing on the existence or amount of the debt or on the proposed offset schedule must send such a request to the office which sent the notice of the debt. The employee must also specify whether an oral or paper hearing is requested. If an oral hearing is requested, the request should explain why the matter cannot be resolved by review of the documentary evidence. The request must be received by the office which sent the notice of the debt not later than 30 calendar days from the date of the notice.

(b)

If the employee files a request for a hearing after the expiration of the 30 day period provided for in paragraph (a) of this section, VA may accept the request if the employee shows that the delay was because of circumstances beyond his or her control or because of failure to receive the written notice of the filing deadline (unless the employee has actual notice of the filing deadline).

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

§1.985. Form, notice of, and conduct of hearing.

38 C.F.R. § 1.985

(a)

After an employee requests a hearing, the hearing official or administrative law judge shall notify the employee of the form of the hearing to be provided. If the hearing will be oral, the notice shall set forth the date, time, and location for the hearing. If the hearing will be paper, the employee shall be notified that he or she should submit his or her position and arguments in writing to the hearing official or administrative law judge by a specified date after which the record shall be closed. This date shall give the employee reasonable time to submit this information.

(b)

An employee who requests an oral hearing shall be provided an oral hearing if the hearing official or administrative law judge determines that the matter cannot be resolved by review of documentary evidence, for example, when an issue of credibility or veracity is involved. If a determination is made to provide an oral hearing, the hearing official or administrative law judge may offer the employee the opportunity for a hearing by telephone conference call. If this offer is rejected or if the hearing official or administrative law judge declines to offer a telephone conference call hearing, the employee shall be provided an oral hearing permitting the personal appearance of the employee, his or her personal representative, and witnesses. A record or transcript of every oral hearing shall be made. Witnesses shall testify under oath or affirmation. VA shall not be responsible for the payment of any expenses incident to attendance at the hearing which are incurred by either the employee, his or her representative or Counsel, or witnesses.

(c)

In all other cases where an employee requests a hearing, a paper hearing shall be provided. A paper hearing shall consist of a review of the written evidence of record by the administrative law judge or hearing official.

(d)

In any hearing under this section, the administrative law judge or hearing official may exclude from consideration evidence or testimony which is irrelevant, immaterial, or unduly repetitious.

Notes, amendments, and revision history

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

§1.986. Result if employee fails to meet deadlines.

38 C.F.R. § 1.986

An employee waives the right to a hearing, and will have his or her disposable pay offset in accordance with the offset schedule, if the employee:

(a)

Fails to file a request for a hearing as prescribed in § 1.982, § 1.984, or §§ 19.1 through 19.200, whichever is applicable, unless such failure is excused as provided in § 1.984(b); or

(b)

Fails to appear at an oral hearing of which he or she had been notified unless the administrative law judge or hearing official determines that failure to appear was due to circumstances beyond the employee's control.

Notes, amendments, and revision history

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

§1.987. Review by the hearing official or administrative law judge.

38 C.F.R. § 1.987

(a)

The hearing official or administrative law judge shall uphold VA's determination of the existence and amount of the debt unless determined to be erroneous by a preponderance of the evidence.

(b)

The hearing official or administrative law judge shall uphold VA's offset schedule unless the schedule would result in extreme hardship to the employee.

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987]

§1.988. Written decision following a hearing requested under § 1.984.

38 C.F.R. § 1.988

(a)

The hearing official or administrative law judge must issue a written decision not later than 60 days after the employee files a request for the hearing.

(b)

Written decisions provided after a hearing requested under § 1.984 will include:

(1)

A statement of the facts presented to support the nature and origin of the alleged debt;

(2)

The hearing official or administrative law judge's analysis, findings and conclusions concerning as applicable:

(i)

The employee's or VA's grounds;

(ii)

The amount and validity of the alleged debt; and

(iii)

The repayment schedule.

(c)

The decision in a case where a paper hearing was provided shall be based upon a review of the written record. The decision in a case where an oral hearing was provided shall be based upon the hearing and the written record.

Notes, amendments, and revision history

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

§1.989. Review of VA records related to the debt.

38 C.F.R. § 1.989

(a)

Notification by employee. An employee who intends to inspect or copy VA records related to the debt as permitted by a notice provided under § 1.983 must send a letter to the office which sent the notice of the debt stating his or her intention. The letter must be received by that office within 30 calendar days of the date of the notice.

(b)

VA response. In response to timely notice submitted by the debtor as described in paragraph (a) of this section, VA will notify the employee of the location and time when the employee may inspect and copy records related to the debt.

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

§1.990. Written agreement to repay debt as alternative to salary offset.

38 C.F.R. § 1.990

(a)

Notification by employee. The employee may propose, in response to a notice under § 1.983, a written agreement to repay the debt as an alternative to salary offset. Any employee who wishes to do this must submit a proposed written agreement to repay the debt which is received by the office which sent the notice of the debt within 30 calendar days of the date of the notice.

(b)

VA response. In response to timely notice by the debtor as described in paragraph (a) of this section, VA will notify the employee whether the employee's proposed written agreement for repayment is acceptable. It is within VA's discretion to accept a repayment agreement instead of proceeding by offset. In making this determination, VA will balance its interest in collecting the debt against the hardship to the employee. VA will accept a repayment agreement instead of offset only if the employee is able to establish that offset would result in extreme hardship.

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

§1.991. Procedures for salary offset: when deductions may begin.

38 C.F.R. § 1.991

(a)

Deductions to liquidate an employee's debt will be by the method and in the amount stated in the notice to collect from the employee's current pay as modified by a written decision issued under § 1.982 or § 1.988, or parts 19 and 20 or by written agreement between the employee and the VA under § 1.990.

(b)

If the employee filed a request for a hearing as provided by § 1.984 before the expiration of the period provided for in that section, deductions will not begin until after the hearing official or administrative law judge has provided the employee with a hearing, and has rendered a final written decision.

(c)

If the employee failed to file a timely request for a hearing, deductions will begin on the date specified in the notice of intention to offset, unless a hearing is granted pursuant to § 1.984(b).

(d)

If an employee retires, resigns, or his or her employment ends before collection of the amount of the indebtedness is completed, the remaining indebtedness will be collected according to procedures for administrative offset (see 5 CFR 831.1801 through 831.1808, 31 CFR 901.3, and 38 CFR 1.912).

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]

§1.992. Procedures for salary offset.

38 C.F.R. § 1.992

(a)

Types of collection. A debt will be collected in a lump-sum or in installments. Collection will be in a lump-sum unless the employee is financially unable to pay in one lump-sum, or if the amount of the debt exceeds 15 percent of the employee's disposable pay. In these cases, deduction will be by installments.

(b)

Installment deductions.

(1)

A debt to be collected in installments will be deducted at officially established pay intervals from an employee's current pay account unless the employee and the Secretary agree to alternative arrangements for repayment. The alternative arrangement must be in writing and signed by both the employee and Secretary or designee.

(2)

Installment deductions will be made over a period not greater than the anticipated period of employment. The size and frequency of installment deductions will bear a reasonable relation to the size of the debt and the employee's ability to pay. However, the amount deducted for any period will not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee has agreed in writing to the deduction of a greater amount. If possible, the installment payment will be sufficient in size and frequency to liquidate the debt in three years. Installment payments of less than $25 per pay period or $50 a month will be acceptable only in the most unusual circumstances.

(c)

Imposition of interest, penalties, and administrative costs. Interest, penalties, and administrative costs shall be charged in accordance with 31 CFR 901.9 and 38 CFR 1.915.

Notes, amendments, and revision history

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 54 FR 34980, Aug. 23, 1989; 69 FR 62203, Oct. 25, 2004]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[52 FR 1905, Jan. 16, 1987, as amended at 54 FR 34980, Aug. 23, 1989; 69 FR 62203, Oct. 25, 2004]

§1.993. Non-waiver of rights.

38 C.F.R. § 1.993

So long as there are not statutory or contractual provisions to the contrary, an employee's involuntary payment (of all or a portion of a debt) under these regulations will not be interpreted as a waiver of any rights that the employee may have under 5 U.S.C. 5514.

VA will refund promptly to the appropriate individual amounts offset under these regulations when:

(a)

A debt is waived or otherwise found not owed the United States (unless expressly prohibited by statute or regulation); or

(b)

VA is directed by an administrative or judicial order to refund amounts deducted from the employee's current pay.

Notes, amendments, and revision history

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

§1.995. Requesting recovery through centralized administrative offset.

38 C.F.R. § 1.995

(a)

Under 31 U.S.C. 3716, VA and other creditor agencies must notify Treasury of all debts over 180 days delinquent so that recovery of such debts may be made by centralized administrative offset. This includes those debts that VA and other agencies seek from the pay account of an employee of another Federal agency via salary offset. Treasury and other disbursing officials will match payments, including Federal salary payments, against these debts. Where a match occurs, and all the requirements for offset have been met, the payment will be offset to satisfy the debt in whole or part.

(b)

Prior to submitting a debt to Treasury for the purpose of collection by offset, including salary offset, VA shall provide written certification to Treasury that:

(1)

The debt is past due and legally enforceable in the amount submitted to Treasury and that VA will ensure that any subsequent collections are credited to the debt and that Treasury shall be notified of such;

(2)

Except in the case of a judgment debt or as otherwise allowed by law, the debt is referred to Treasury for offset within 10 years after VA's right of action accrues;

(3)

VA has complied with the provisions of 31 U.S.C. 3716 and 38 CFR 1.912 and 1.912a including, but not limited to, those provisions requiring that VA provide the debtor with applicable notices and opportunities for a review of the debt; and

(4)

VA has complied with the provisions of 5 U.S.C. 5514 (salary offset) and 38 CFR 1.980 through 1.994 including, but not limited to, those provisions requiring that VA provide the debtor with applicable notices and opportunities for a hearing.

(c)

Specific procedures for notifying Treasury of debts for purposes of collection by centralized administrative offset are contained in the 31 CFR 285.7. VA and other creditor agencies may notify Treasury of debts that have been delinquent for 180 days or less, including debts that VA and other creditor agencies seek to recover from the pay of an employee via salary offset.

Notes, amendments, and revision history

Amendments

[69 FR 62203, Oct. 25, 2004]

Source

Source: 52 FR 1905, Jan. 16, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[69 FR 62203, Oct. 25, 2004]