[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1650.202]

[Page 403]
 
                             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. 1650.202  Past-due legally enforceable debt.

    A past-due legally enforceable debt for referral to the IRS is a 
debt that resulted from any statute administered by EEOC and:
    (a) Is an obligation of a debtor who is a natural person;
    (b) Except in the case of a judgment debt, has been delinquent at 
least 3 months but not more than 10 years at the time the offset is 
made;
    (c) Is at least $25.00;
    (d) Cannot be currently collected pursuant to the salary offset 
provisions of 5 U.S.C. 5514(a)(1);
    (e) Is ineligible for administrative offset under 31 U.S.C. 3716(a) 
by reason of 31 U.S.C. 3716(c)(2) or cannot be collected by 
administrative offset under 31 U.S.C. 3716(a) by the EEOC against 
amounts payable to or on behalf of the debtor by or on behalf of the 
EEOC;
    (f) With respect to which EEOC has given the debtor at least 60 days 
from the date of notification to present evidence that all or part of 
the debt is not past-due or legally enforceable, has considered evidence 
presented by such debtor, and has determined that an amount of such debt 
is past-due and legally enforceable;
    (g) Has been disclosed by EEOC to a consumer reporting agency as 
authorized by 31 U.S.C. 3711(f), unless the consumer reporting agency 
would be prohibited from reporting such information by 15 U.S.C. 1681c, 
or unless the amount of the debt does not exceed $100.00;
    (h) EEOC's records do not contain evidence that the person owing 
that debt (or his or her spouse) has filed for bankruptcy under title 11 
of the United States Code; and
    (i) EEOC can clearly establish at the time of the referral that the 
automatic stay under 11 U.S.C. 362 has been lifted or is no longer in 
effect with respect to the person owing the debt or his or her spouse, 
and the debt was not discharged in the bankruptcy proceeding.