[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR89.43]

[Page 720]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 89_IMPLEMENTATION OF THE FEDERAL CLAIMS COLLECTION ACT--Table of Contents
 
        Subpart C_Referral of Debts to IRS for Tax Refund Offset
 
Sec.  89.43  Review within the Department.

    (a) Notification by debtor. A debtor who receives a Notice of Intent 
may present, for 60 days from the date of the Notice of Intent, 
information that all or part of the debt is not past-due or legally 
enforceable. (However, this does not extend the regulatory period for 
submitting written statements or for requesting an administrative 
hearing on the merits of an alleged violation, nor does it extend the 
period to appeal an assessed civil penalty.) To comply with this 
procedure, the debtor must:
    (1) Send a written request for a review of the information to the 
address provided in the notice.
    (2) State in the request the amount disputed and the reasons why the 
debtor believes that the debt is not past-due or legally enforceable.
    (3) Include in the request any documents which the debtor wishes to 
be considered or state that additional information will be submitted 
within the remainder of the 60 day period.
    (b) Submission of information. The debtor may submit information 
showing that all or part of the debt is not past-due or not legally 
enforceable along with the notification required by paragraph (a) of 
this section. Failure to submit the information within the remainder of 
the 60 day period will be interpreted as there is no additional 
information for consideration.
    (c) Review of the information. The Department considers all 
available information related to the issue of whether the debt is past-
due and the issue of whether the debt is legally enforceable. After a 
decision has been reached, the Department notifies the debtor whether 
the Department has sustained amended, or cancelled its determination 
that the debt is past-due and legally enforceable.