[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: 45CFR32.2]



[Page 102-103]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 32_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  32.2  Definitions.



    In this part, unless the context otherwise requires:

    Business day means Monday through Friday. For purposes of 

computation, the last day of the period will be included unless it is a 

Federal legal holiday, in which case the next business day following the 

holiday will be considered the last day of the period.

    Certificate of service means a certificate signed by an employee of 

the Department indicating the nature of the document to which it 

pertains, the date of mailing of the document, and to whom it is being 

sent.

    Day means calendar day. For purposes of computation, the last day of 

the period will be included unless it is a Saturday, Sunday, or a 

Federal legal holiday, in which case the next business day will be 

considered the last day of the period.

    Debt or claim means an amount of money, funds, or property that has 

been determined by the Secretary to be owed to the United States by an 

individual, including debt administered by a third party as an agent of 

the Federal Government. A debt or claim includes, but is not limited to: 

amounts owed on



[[Page 103]]



account of loans made, insured or guaranteed by the Federal Government, 

including any deficiency or difference between the price obtained by the 

Federal Government upon selling the property and the amount owed to the 

Federal Government; overpayments to program beneficiaries; any amount 

the Federal Government is authorized by statute to collect for the 

benefit of any person; the unpaid share of any non-Federal partner in a 

program involving a Federal payment, including a matching or cost-

sharing payment of the non-Federal partner; any fine, civil penalty or 

assessment; and other amounts or money or property owed to the Federal 

Government.

    Debtor means an individual who owes a delinquent non-tax debt to the 

United States.

    Delinquent debt means any non-tax debt that has not been paid by the 

date specified in the Department's initial written demand for payment, 

or applicable payment agreement or instrument, unless other satisfactory 

payment arrangements have been made. For purposes of this part, 

``delinquent'' and ``overdue'' have the same meaning.

    Department means the United States Department of I-Iealth and 1--

luman Services, including each of its Operating Divisions and Regional 

Offices.

    Disposable pay means that part of the debtor's compensation 

(including, but not limited to, salary, bonuses, commissions, and 

vacation pay) from an employer remaining after the deduction of health 

insurance premiums and any amounts required by law to be withheld. For 

purposes of this part, ``amounts required by law to be withheld'' 

include amounts for deductions such as social security taxes and 

withholding taxes, but do not include any amount withheld pursuant to a 

court order.

    Employer means a person or entity that employs the services of 

others and that pays their wages or salaries. The term employer 

includes, but is not limited to, State and local Governments, but does 

not include an agency of the Federal Government as defined by 31 CFR 

285.11(c).

    Garnishment means the process of withholding amounts from an 

employee's disposable pay and paying those amounts to a creditor in 

satisfaction of a withholding order.

    Hearing means a review of the documentary evidence concerning the 

existence or amount of a debt, or the terms of a repayment schedule, 

provided such repayment schedule is established other than by a written 

agreement entered into pursuant to this part. If the hearing official 

determines that the issues in dispute cannot be resolved solely by 

review of the written record, such as when the validity of the debt 

turns on the issue of credibility or veracity, an oral hearing may be 

provided.

    Hearing official means any qualified individual, as determined by 

the Secretary, including a Departmental Appeals Board administrative law 

judge.

    Secretary means the Secretary of Health and Human Services, or the 

Secretary's designee within the Department.

    Withholding order for purposes of this part means ``Wage Garnishment 

Order (SF329B).'' Also for purposes of this part, the terms ``wage 

garnishment order'' and ``garnishment order'' have the same meaning as 

``withholding order.''