TITLE 29--LABOR COMMISSION PART 1650--DEBT COLLECTION--Table of Contents Subpart C--Procedures for Collection of Debts by Administrative Offset Sec. 1650.307 Administrative offset. (a) If the debtor does not timely exercise his right to review or, as a result of the review, it is determined that the debt is due and no written agreement is executed, then administrative offset shall be ordered in accordance with these regulations without further notice. (b) The Director of the Financial Management Division of Financial and Resource Management Services or designee, after attempting to collect a debt from a person under the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3711), may collect the debt by administrative offset subject to the following: (1) The debt is certain in amount; and (2) It is in the best interest of the United States to collect the debt by administrative offset because it is less costly and speeds repayment of the debt. (c) If the 6-year period for bringing action on a debt provided in 28 U.S.C. 2415 has expired, then administrative offset may be used to collect the debt only if the costs of bringing such action are likely to be less than the amount of the debt. (d) No collection by administrative offset shall be made on any debt that has been outstanding for more than 10 years unless facts material to the Government's right to collect the debt were not known, and reasonably could not have been known, by the official or officials responsible for discovering and collecting such debt. (e) Request for administrative offset by the Commission to another Federal agency. The Director of the Financial Management Division, or designee, may request that funds due and payable to a debtor by a Federal agency be administratively offset in order to collect a debt owed to the Commission by that [[Page 394]] debtor. In requesting administrative offset the Commission, as creditor, will certify in writing to the Federal agency holding funds of the debtor: (1) That the debtor owes the debt; (2) The amount and basis of the debt; and (3) That the Commission has complied with the requirements of its own administrative offset regulations in this subpart, and the applicable provisions of 4 CFR part 102, including providing any required hearing or review. (f) Request for administrative offset from another Federal agency. Any Federal creditor agency may request the Commission make an administrative offset from any Commission funds due and payable to a creditor agency's debtor. The Commission shall initiate the requested administrative offset only upon: (1) Receipt of written certification from the creditor agency: (i) That the debtor owes the debt; (ii) The amount and basis of the debt; (iii) That the agency has prescribed regulations for the exercise of administrative offset; and (iv) That the agency has complied with its own administrative offset regulations and with the applicable provisions of 4 CFR part 102, including providing any required hearing or review; and (2) A determination by the Commission that collection by administrative offset against funds payable to the debtor by the Commission would not otherwise be contrary to law.





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