[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR11.64]



[Page 130-131]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 11_CLAIMS--Table of Contents

 

     Subpart C_Collection of Debts by the Government Under the Debt 

                         Collection Act of 1982

 

Sec.  11.64  Review within Federal Emergency Management Agency.



    (a) Notification by debtor. A debtor receiving notice of intent 

under Sec.  11.63(a)(2) has the right to present evidence and arguments 

within 60 days of mailing of the notice of intent that all of the debt 

is not past-due or not legally enforceable. To exercise this right, the 

debtor must:

    (1) Send a written request for review of evidence to the FEMA office 

sending the notice of intent; and



[[Page 131]]



    (2) State in the request the amount disputed and the reasons why the 

debtor believes that the debt is not past-due or is not legally 

enforceable; and

    (3) Include in the request any documents that the debtor wishes to 

be considered, or state that additional information will be submitted 

within the remainder of the 60-day period. FEMA is not obligated to 

consider any of debtor's evidence received after the 60-day period, 

except as specified in paragraph (c) of this section.

    (b) Submission of evidence. The debtor may submit evidence that all 

or part of the debt is not past due or legally enforceable along with 

the notification required by paragraph (a) of this section. Debtor's 

failure to submit the notification and evidence within the 60-day period 

may result in FEMA's referral of the debt to the Department of the 

Treasury with only a review by the ACO or the ACO's designee that FEMA's 

records show that the debt is actually due FEMA.

    (c) Late filed requests for review within FEMA. If the debtor 

submits a request for review after the 60-day time limit in paragraph 

(a) of this section, FEMA shall render a decision as described in 

paragraph (d) of this section, but FEMA shall not stay offset action as 

described in Sec.  11.65. However, if FEMA, after the review of the 

debtor's evidence and arguments, determines that the debtor owes less 

than the amounts that FEMA has taken through offset, then FEMA shall 

refund any difference between any amounts offset and amounts that the 

review within the Agency determines is actually owed.

    (d) Review of the evidence. FEMA will review the debtor's arguments 

and evidence in accordance with procedures set forth in Sec.  11.43(c).



[63 FR 1069, Jan. 8, 1998]