[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: 45CFR30.25]



[Page 97]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 30_CLAIMS COLLECTION--Table of Contents

 

                     Subpart C_Compromise of Claims

 

Sec.  30.25  Litigative probabilities.



    The Secretary may compromise a debt if the Government's ability to 

prove its case in court for the full amount claimed is doubtful either 

because of the legal issues involved or a bona fide dispute as to the 

facts. The amount accepted in compromise in such cases should fairly 

reflect the probability of prevailing on the issues and the prospects 

for full or partial recovery of a judgment, paying due regard to the 

availability of evidence and witnesses, and related pragmatic 

considerations.