[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR17.64]



[Page 215]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 17_ADMINISTRATIVE CLAIMS--Table of Contents

 

   Subpart C_Procedures for the Collection of Claims by the Government

 

Sec.  17.64  Referral of claims to the Assistant Secretary for 

Administration.



    (a) Authority of the Assistant Secretary for Administration. The 

Assistant Secretary for Administration shall exercise the powers and 

perform the duties of the Secretary to compromise, or to suspend or 

terminate collection action on all Department claims not exceeding 

$100,000 exclusive of interest, except as provided in Sec.  17.65 and 

paragraph (b) of this section. When initial attempts at collection by 

the office having responsibility for such claims have not been fully 

successful, the claim file shall be forwarded to the Assistant Secretary 

for Administration for further administrative collection procedures. 

Claims shall be referred to the Assistant Secretary for Administration 

well within the applicable statute of limitations (28 U.S.C. 2415 and 

2416), but in no event more than 2 years after the claims accrued.

    (b) Exclusions. There shall be no compromised or terminated 

collection action with respect to any claim: (1) As to which there is an 

indication of fraud, the presentation of a false claim, or 

misrepresentation on the part of the debtor or any other party having an 

interest in the claim; (2) based in whole or in part on conduct in 

violation of the anti-trust laws; (3) based on tax statutes; or (4) 

arising from an exception made by the General Accounting Office in the 

account of an accountable officer. Such claims shall be promptly 

referred to the Justice Department or GAO, as appropriate.



[36 FR 24427, Dec. 22, 1971. Redesignated at 49 FR 32349, Aug. 14, 1984 

(interim), as amended at 59 FR 34580, July 6, 1994]