[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR2506.17]

[Page 563-565]
 
                        TITLE 45--PUBLIC WELFARE
 
       CHAPTER XXV--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
 
PART 2506_COLLECTION OF DEBTS--Table of Contents
 
                      Subpart B_General Provisions.
 
Sec. 2506.17  What must I do to obtain a review of my debt, and how 
will the review process work?

    (a) Request for review. (1) You have the right to request a review 
by the Corporation of the existence or the amount of your debt, the 
proposed schedule for offset of Federal employee salary payments, or 
whether the debt is past due or legally enforceable. If you want a 
review, you must send a written request to the Corporation official 
designated in the notice (see Sec. 2506.16(d)).
    (2) You must sign your request for review and fully identify and 
explain with reasonable specificity all the facts, evidence, and 
witnesses that support your position. Your request for review should be 
accompanied by available evidence to support your contentions.
    (3) Your request for review must be received by the designated 
officer or employee of the Corporation on or before the 60th calendar 
day following the date of the notice. Timely filing

[[Page 564]]

will stay the commencement of collection procedures. The Corporation may 
consider requests filed after the 60-day period provided for in this 
section if you:
    (i) Can show that the delay was the result of circumstances beyond 
your control; or
    (ii) Did not receive notice of the filing deadline (unless you had 
actual notice of the filing deadline).
    (b) Inspection of the Corporation records related to the debt. (1) 
If you want to inspect or copy the Corporation records related to the 
debt (see Sec. 2506.14(a)(5)), you must send a letter to the 
Corporation official designated in the notice. Your letter must be 
received within 30 days of the date of the notice.
    (2) In response to the timely request described in paragraph (b)(1) 
of this section, the designated Corporation official will notify you of 
the location and time when you may inspect and copy records related to 
the debt.
    (3) If personal inspection of the Corporation records related to the 
debt is impractical, reasonable arrangements will be made to send you 
copies of those records.
    (c) Review official. (1) When required by Federal law or regulation, 
such as in a salary offset situation, the Corporation will request an 
administrative law judge, or hearing official from another agency who is 
not under the supervision or control of the Chief Executive Officer, to 
conduct the review. In these cases, the hearing official will, following 
the review, submit the review decision to the Chief Executive Officer 
for the issuance of the Corporation's final decision (see paragraph (f) 
of this section for content of the review decision).
    (2) When Federal law or regulation does not require the Corporation 
to have the review conducted by an administrative law judge, or by a 
hearing official from another agency who is not under the supervision or 
control of the Chief Executive Officer, the Corporation has the right to 
appoint a hearing official to conduct the review. In these cases, the 
hearing official will, following the review, submit the review decision 
to the Chief Executive Officer for the issuance of the Corporation's 
final decision (see paragraph (f) of this section for the content of the 
review decision).
    (d) Review procedure. If you request a review, the review official 
will notify you of the form of the review to be provided. The review 
official will determine whether an oral hearing is required, or if a 
review of the written record is sufficient, in accordance with the FCCS. 
Although you may request an oral hearing, such a hearing is required 
only when a review of the documentary evidence cannot determine the 
question of indebtedness, such as when the validity of the debt turns on 
an issue of credibility or truthfulness. In either case, the review 
official will conduct the review in accordance with the FCCS. If the 
review will include an oral hearing, the notice sent to you by the 
review official will set forth the date, time, and location of the 
hearing.
    (e) Date of decision. (1) The review official will issue a written 
decision, based upon either the written record or documentary evidence 
and information developed at an oral hearing. This decision will be 
issued as soon as practical, but not later than 60 days after the date 
on which the Corporation received your request for a review, unless you 
request, and the review official grants, a delay in the proceedings.
    (2) If the Corporation is unable to issue a decision within 60 days 
after the receipt of the request for a hearing:
    (i) The Corporation may not issue a withholding order or take other 
action until the review (in whatever form) is held and a decision is 
rendered; and
    (ii) If the Corporation previously issued a withholding order to the 
debtor's employer, the Corporation must suspend the withholding order 
beginning on the 61st day after the receipt of the review request and 
continuing until a review (in whatever form) is held and a decision is 
rendered.
    (f) Content of review decision. The review official will prepare a 
written decision that includes:
    (1) A statement of the facts presented to support the origin, 
nature, and amount of the debt;
    (2) The review official's findings, analysis, and conclusions; and
    (3) The terms of any repayment schedule, if applicable.

[[Page 565]]

    (g) Interest, penalty charge, and administrative cost accrual during 
review period. Interest, penalty charges, and administrative costs 
authorized by law will continue to accrue during the review period.