FCC 1.1917 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 1.1917 Referrals to the Department of Justice and transfer of delinquent
debt to the Secretary of Treasury.
(a) Referrals to the Department of Justice shall be made in accordance with
the standards set forth in part 904 of the Federal Claims Collection
Standards (31 CFR part 904).
(b) The DCIA includes separate provisions governing the requirements that
the Commission transfer delinquent debts to Treasury for general collection
purposes (cross-servicing) in accordance with 31 U.S.C. 3711(g)(1) and (2),
and notify Treasury of delinquent debts for the purpose of administrative
offset in accordance with 31 U.S.C. 3716(c)(6). Title 31, U.S.C. 3711(g)(1)
requires the Commission to transfer to Treasury all collection activity for
a given debt. Under section 3711(g), Treasury will use all appropriate debt
collection tools to collect the debt, including referral to a designated
debt collection center or private collection agency, and administrative
offset. Once a debt has been transferred to Treasury pursuant to the
procedures at 31 CFR 285.12, the Commission will cease all collection
activity related to that debt.
(c) All non-tax debts of claims owed to the Commission that have been
delinquent for a period of 180 days shall be transferred to the Secretary of
the Treasury. Debts which are less than 180 days delinquent may also be
referred to the Treasury. Upon such transfer the Secretary of the Treasury
shall take appropriate action to collect or terminate collection actions on
the debt or claim. A debt is past-due if it has not been paid by the date
specified in the Commission's initial written demand for payment or
applicable agreement or instrument (including a post-delinquency payment
agreement) unless other satisfactory payment arrangements have been made.
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