[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: 45CFR30.14]



[Page 88]

 

                        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.  30.14  Interest and charges pending waiver or review.



    (a) Rule. A debtor may either pay the debt, or be liable for 

interest on the uncollected debt, while a waiver determination, a bona 

fide dispute or a formal or informal review of the debt is pending. If a 

final determination is to the effect that any amount was properly a debt 

to HHS and the debtor chose to retain the amount in dispute, the 

Secretary shall collect or offset from any future payments to the 

debtor, an amount equal to the amount of the debt plus interest (as 

calculated under Sec.  30.13(a)) on such debt amount starting from the 

date the debtor was first made aware of the debt and ending when such 

debt is repaid. The debtor will also be assessed administrative cost 

charges and late payment penalties on the upaid debt for this period if 

the reviewing or hearing officer determines in writing that the request 

for a waiver, a hearing or other form of review was spurious.

    (b) Exception. Interest, late payment penalties and administrative 

cost charges will not be assessed pending consideration of waiver or 

review under a statute which prohibits collection of the debt during 

this period, unless the reviewing or hearing officer determines in 

writing that the request for a waiver, a hearing or other form of review 

was spurious.