[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1650.205]

[Page 391]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1650--DEBT COLLECTION--Table of Contents
 
Subpart B--Procedures for the Collection of Debts by Federal Tax Refund 
                                 Offset
 
Sec. 1650.205  Consideration of evidence submitted as a result of 
notification of intent.

    (a) Consideration of evidence. If, as a result of the notification 
of intent, EEOC receives notice that the debtor will submit additional 
evidence or receives additional evidence from the debtor within the 
prescribed time period, any referral to the IRS will be stayed until 
EEOC--
    (1) Considers the evidence presented by the debtor;
    (2) Determines whether or not all or a portion of the debt is still 
past-due and legally enforceable; and
    (3) Notifies the debtor of its determination.

Failure to submit the evidence within 60 days from the date of 
notification will result in an automatic referral of the debt to IRS 
without further action by EEOC.
    (b) Notification to the debtor. Following its review of the 
evidence, EEOC will issue a written decision notifying the debtor 
whether EEOC has sustained, amended, or canceled its determination that 
the debt is past-due and legally enforceable. The notice will advise the 
debtor of any further action to be taken and explain the supporting 
rationale for the decision.
    (1) EEOC will notify the debtor of its intent to refer the debt to 
the IRS for offset against the debtor's Federal income tax refund if it 
sustains its decision that the debt is past-due and legally enforceable. 
EEOC will also notify the debtor whether the amount of the debt remains 
the same or is modified.
    (2) EEOC will not refer the debt to the IRS for offset against the 
debtor's Federal income tax refund if it reverses its decision that the 
debt is past-due and legally enforceable.