[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: 45CFR32.4]



[Page 103-104]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 32_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  32.4  Notice.



    (a) Notice requirements. At least 30 days before the initiation of 

garnishment proceedings, the Secretary shall



[[Page 104]]



mail, by first class mail, to the debtor's last known address a written 

notice informing the debtor of:

    (1) The nature and amount of the debt;

    (2) The intention of the Secretary to initiate proceedings to 

collect the debt through deductions from pay until the debt and all 

accumulated interest, penalties, and administrative costs are paid in 

full;

    (3) The debtor's right--

    (i) To inspect and copy Department records related to the debt;

    (ii) To enter into a written repayment agreement with the Department 

under terms agreeable to the Department;

    (iii) To a hearing, in accordance with Sec.  32.5, concerning the 

existence or the amount of the debt or the terms of the proposed 

repayment schedule under the garnishment order, except that the debtor 

is not entitled to a hearing concerning the proposed repayment schedule 

if the terms were established by written agreement pursuant to paragraph 

(a)(3)(ii) of this section; and

    (4) The time frames within which the debtor may exercise his or her 

rights.

    (b) The Secretary will keep a copy of the dated notice. The notice 

may be retained electronically so long as the manner of retention is 

sufficient for evidentiary purposes.