[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR303.71]

[Page 252-253]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
 
Sec. 303.71  Requests for full collection services by the Secretary of 
the Treasury.

    (a) Definition. State collection mechanisms means a comprehensive 
set of written procedures developed and used to maximize effective 
collection action within the State.
    (b) Families eligible. Subject to the criteria and procedures in 
this section, the IV-D agency may request the Secretary to certify the 
amount of a child support obligation to the Secretary of the Treasury 
for collection under section 6305 of the Internal Revenue Code of 1986. 
Requests may be made on behalf of families who make assignments as 
defined in Sec. 301.1 of this chapter and on behalf of families 
receiving services under Sec. 302.33.
    (c) Cases eligible. For a case to be eligible for certification to 
the Secretary of the Treasury:
    (1) There shall be a court or administrative order for support;
    (2) The amount to be collected under the support order shall be at 
least $750 in arrears;
    (3) At least six months shall have elapsed since the last request 
for referral of the case to the Secretary of the Treasury;
    (4) The IV-D agency, the client, or the client's representative 
shall have made reasonable efforts to collect the support through the 
State's own collection mechanisms. The agency need not repeat actions 
taken by the client or client's representative that the agency 
determines to be comparable to the State's collection mechanisms.
    (5) Only the State that has taken an assignment as defined in Sec. 
301.1 of this chapter or an application or referral under Sec. 302.33 
of this chapter may request Secretary of the U.S. Treasury collection 
services on behalf of a given case.
    (d) Procedures for submitting requests. (1) The IV-D agency shall 
submit requests for certification to the regional office in the manner 
and form prescribed by the Office.
    (2) The Director of the State IV-D agency (or designee) shall sign 
requests for collection by the Secretary of the Treasury.
    (e) Criteria for acceptable requests. The IV-D agency shall ensure 
that each request contains:
    (1) Sufficient information to identify the debtor, including:
    (i) The individual's name;
    (ii) The individual's social security number;
    (iii) The individual's address and place of employment, including 
the source of this information and the date it was last verified.
    (2) A copy of all court or administrative orders for support;
    (3)(i) The amount owed under the support orders;
    (ii) A statement of whether the amount is in lieu of, or in addition 
to, amounts previously referred to Secretary of the U.S. Treasury for 
collection;
    (4)(i) A statement that the agency, the client, or the client's 
representative has made reasonable efforts to collect the amount owed 
using the State's own collection mechanisms or mechanisms that are 
comparable;
    (ii) A description of the actions taken, why they failed, and why 
further State action would be unproductive;
    (5) The dates of any previous requests for referral of the case to 
the Secretary of the Treasury;
    (6) A statement that the agency agrees to reimburse the Secretary of 
the Treasury for the costs of collection; and
    (7)(i) A statement that the agency has reason to believe that the 
debtor has assets that the Secretary of the

[[Page 253]]

Treasury might levy to collect the support; and
    (ii) A statement of the nature and location of the assets, if known.
    (f) Review of requests by the Office. (1) The Regional Office will 
review each request to determine whether it meets the requirements of 
this section.
    (2) If a request meets all requirements, the Regional Office will 
promptly certify and transmit the request with a copy of all supporting 
documentation to the Secretary of the Treasury. At the same time, the 
Regional Office will notify the IV-D agency in writing of the 
transmittal.
    (3)(i) If a request does not meet all requirements, the Regional 
Office will attempt to correct the request in consultation with the IV-D 
agency.
    (ii) If the request cannot be corrected through consultation, the 
Regional Office will return it to the agency with an explanation of why 
the request was not certified.
    (g) Notification of changes in case status. (1) The IV-D agency 
shall immediately notify the Regional Office of the following changes in 
case status:
    (i) A change in the amount due;
    (ii) A change in the nature or location of assets;
    (iii) A change in the address of the debtor.
    (2) The Regional Office will transmit the revised information to the 
Secretary of the Treasury.

(Approved by the Office of Management and Budget under control number 
0960-0281)

[47 FR 16030, Apr. 14, 1982; 48 FR 7179, Feb. 18, 1983, as amended at 51 
FR 37731, Oct. 24, 1986; 56 FR 8004, Feb. 26, 1991; 64 FR 6251, Feb. 9, 
1999]