[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR11.64]

[Page 130-131]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 11--CLAIMS--Table of Contents
 
    Subpart C--Collection of Debts by the Government Under the Debt 
                         Collection Act of 1982
 
Sec. 11.64  Review within Federal Emergency Management Agency.

    (a) Notification by debtor. A debtor receiving notice of intent 
under Sec. 11.63(a)(2) has the right to present evidence and arguments 
within 60 days of mailing of the notice of intent that all of the debt 
is not past-due or not legally enforceable. To exercise this right, the 
debtor must:
    (1) Send a written request for review of evidence to the FEMA office 
sending the notice of intent; and

[[Page 131]]

    (2) State in the request the amount disputed and the reasons why the 
debtor believes that the debt is not past-due or is not legally 
enforceable; and
    (3) Include in the request any documents that the debtor wishes to 
be considered, or state that additional information will be submitted 
within the remainder of the 60-day period. FEMA is not obligated to 
consider any of debtor's evidence received after the 60-day period, 
except as specified in paragraph (c) of this section.
    (b) Submission of evidence. The debtor may submit evidence that all 
or part of the debt is not past due or legally enforceable along with 
the notification required by paragraph (a) of this section. Debtor's 
failure to submit the notification and evidence within the 60-day period 
may result in FEMA's referral of the debt to the Department of the 
Treasury with only a review by the ACO or the ACO's designee that FEMA's 
records show that the debt is actually due FEMA.
    (c) Late filed requests for review within FEMA. If the debtor 
submits a request for review after the 60-day time limit in paragraph 
(a) of this section, FEMA shall render a decision as described in 
paragraph (d) of this section, but FEMA shall not stay offset action as 
described in Sec. 11.65. However, if FEMA, after the review of the 
debtor's evidence and arguments, determines that the debtor owes less 
than the amounts that FEMA has taken through offset, then FEMA shall 
refund any difference between any amounts offset and amounts that the 
review within the Agency determines is actually owed.
    (d) Review of the evidence. FEMA will review the debtor's arguments 
and evidence in accordance with procedures set forth in Sec. 11.43(c).

[63 FR 1069, Jan. 8, 1998]