[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR835.605]

[Page 173]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 835_DEBT COLLECTION--Table of Contents
 
       Subpart F_Collection of Debts by Federal Tax Refund Offset
 
Sec. 835.605  OPM action as a result of consideration of evidence 
submitted as a result of the notice of intent.

    (a) Consideration of evidence. If, as a result of the Notice of 
Intent, OPM receives notice that the debtor will submit additional 
evidence or receives additional evidence from the debtor within the 
prescribed time period, any notice to the IRS will be stayed until OPM 
can--
    (1) Consider the evidence presented by the debtor; and
    (2) Determine whether or not all or a portion of the debt is still 
past due and legally enforceable; and
    (3) Notify the debtor of its determination.
    (b) Notification to the debtor. Following review of the evidence, 
OPM will issue a written decision notifying the debtor whether OPM 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.
    (c) OPM action on the debt. (1) OPM 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. OPM will also notify the debtor 
whether the amount of the debt remains the same or is modified.
    (2) OPM 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.