[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR30.14]

[Page 86]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 30--CLAIMS COLLECTION--Table of Contents
 
                     Subpart B--Collection of Claims
 
Sec. 30.14  Interest and charges pending waiver or review.

    (a) Rule. A debtor may either pay the debt, or be liable for 
interest on the uncollected debt, while a waiver determination, a bona 
fide dispute or a formal or informal review of the debt is pending. If a 
final determination is to the effect that any amount was properly a debt 
to HHS and the debtor chose to retain the amount in dispute, the 
Secretary shall collect or offset from any future payments to the 
debtor, an amount equal to the amount of the debt plus interest (as 
calculated under Sec. 30.13(a)) on such debt amount starting from the 
date the debtor was first made aware of the debt and ending when such 
debt is repaid. The debtor will also be assessed administrative cost 
charges and late payment penalties on the upaid debt for this period if 
the reviewing or hearing officer determines in writing that the request 
for a waiver, a hearing or other form of review was spurious.
    (b) Exception. Interest, late payment penalties and administrative 
cost charges will not be assessed pending consideration of waiver or 
review under a statute which prohibits collection of the debt during 
this period, unless the reviewing or hearing officer determines in 
writing that the request for a waiver, a hearing or other form of review 
was spurious.