[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: 45CFR31.7]



[Page 101-102]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 31_TAX REFUND OFFSET--Table of Contents

 

Sec.  31.7  Review of a determination that a debt is past-due and legally 

enforceable.



    (a) Requesting a review. (1) If the debtor believes that all or part 

of the debt is not past-due or not legally enforceable, the debtor may 

request a review by the Department by sending a written request to the 

address provided in the notice. The written request must be received by 

the Department within 60 days from the date of the notice or, if the 

debtor has requested to inspect the records, within 30 days from the 

debtor's inspection of the records or the Department's mailing of the 

records under section 31.6(b), whichever is later.

    (2) The request for review must be signed by the debtor, state the 

amount disputed, and fully identify and explain the evidence that the 

debtor believes supports the debtor's position. The debtor must submit 

with the request any documents that the debtor wishes to be considered, 

or the debtor must state in the request that additional information will 

be submitted within the above specified time period.

    (3) Failure to timely request a review will be deemed an admission 

by the debtor that the debt is past-due and legally enforceable, and 

will result in a referral of the debt to the Department of the Treasury 

without further action.

    (b) Review. Upon the timely submission of evidence by the debtor, 

the Department shall review the dispute and shall consider its records 

and any documentation and evidence submitted by the debtor. The 

Department shall make a determination based on the review of the written 

record, and shall send a written notice of its decision to the



[[Page 102]]



debtor. There is no administrative appeal of this decision.

    (c) A debt that previously has been reviewed pursuant to this part, 

or that has been reduced to a judgment, will not be reconsidered under 

this part unless the evidence presented by the debtor disputes payments 

made or events occurring subsequent to the previous review or judgment.