[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR30.12]



[Page 86]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 30_CLAIMS COLLECTION--Table of Contents

 

                     Subpart B_Collection of Claims

 

Sec.  30.12  Notices to debtor.



    (a) Required notice. The first written demand for payment must 

inform the debtor of--

    (1) The amount and nature of the debt;

    (2) The date payment is due, which will generally be 30 days from 

the date the notice was mailed; and

    (3) The assessment under Sec.  30.13 of interest from the date the 

notice was mailed, and full administrative costs if payment is not 

received within the 30 days.

    (b) Other notice. Where applicable, the Secretary must inform the 

debtor in writing of--(1) His or her right to dispute the debt or 

request a waiver of the debt, citing the applicable review or waiver 

authority, the conditions for review or waiver, and the effect of the 

review or waiver request on collection of the debt, interest, charges 

and late payment penalties (see Sec.  30.14);

    (2) The office, address and telephone number that the debtor should 

contact to discuss repayment, reconsideration or waiver of the debt;

    (3) The proposed sanctions if the debt is overdue, including 

assessment of late payment penalties under 30.13 (if the debt is more 

than 90 days overdue) or referral of the debt to a credit reporting 

agency under Sec.  30.17, or to a collection agency under Sec.  30.18. 

(See also Sec.  30.5).

    (c) Exception. This section does not require duplication of any 

notice already contained in a written agreement, letter or other 

document signed by, or provided to the debtor.