DOT 49 CFR PART 1018-2010 DEBT COLLECTION.pdf

1、57 Surface Transportation Board, DOT 1018.1 and seeks to enter into a new agree-ment. The Board may set a new inter-est rate which reflects the current value of funds to the Treasury at the time the new agreement is executed. The Board shall waive the collection of interest on the debt or any portio

2、n of the debt which is paid within 30 days after the date on which interest began to accrue. (b) The Board shall assess a penalty charge not to exceed 6 percent a year on any portion of a debt that is delin-quent as defined in 4 CFR 101.2(b) for more than 90 days. This charge need not be calculated

3、until the 91st day of delinquency, but shall accrue from the date that the debt became delinquent. (c) The Board shall assess against a debtor charges to cover administrative costs incurred as a result of a delin-quent debtthat is, the additional costs incurred in processing and han-dling the debt b

4、ecause it became delin-quent as defined in 4 CFR 101.2(b). (d) When a debt is paid in partial or installment payments, amounts re-ceived by the agency shall be applied first to outstanding penalty and ad-ministrative cost charges, second to accrued interest, and third to out-standing principal. PART

5、 1018DEBT COLLECTION Subpart AApplication and Coverage Sec. 1018.1 Application. 1018.2 Definitions. 1018.3 Communications. 1018.4 Claims that are covered. 1018.5 Monetary limitation on Board au-thority. 1018.6 Omissions not a defense. 1018.7 Conversion claims. 1018.8 Subdivision of claims. Subpart B

6、Administrative Collection of Claims 1018.20 Written demand for payment. 1018.21 Telephone inquiries and investiga-tions. 1018.22 Personal interviews. 1018.23 Use of consumer reporting agencies. 1018.24 Contact with the debtors employing agency. 1018.25 Sanctions. 1018.26 Disputed debts. 1018.27 Cont

7、racting for collection services. 1018.28 Collection by administrative offset. 1018.29 Payments. 1018.30 Interest, penalties, and administra-tive costs. 1018.31 Use of credit reports. 1018.32 Bankruptcy claims. 1018.33 Use and disclosure of mailing ad-dresses. 1018.34 Additional administrative collec

8、tion action. Subpart CCompromise of a Claim 1018.50 When a claim may be compromised. 1018.51 Reasons for compromising of a claim. 1018.52 Restrictions on the compromise of a claim. 1018.53 Finality of a compromise. Subpart DSuspension or Termination of Collection Action 1018.60 When collection actio

9、n may be sus-pended or terminated. 1018.61 Reasons for suspending collection action. 1018.62 Reasons for terminating collection action. 1018.63 Termination of collection action. 1018.64 Transfer of a claim. Subpart EReferral of a Claim 1018.70 Prompt referral. 1018.71 Referral of a compromise offer.

10、 1018.72 Referral to the Department of Jus-tice. Subpart FInternal Revenue Service Procedure 1018.80 Reporting discharged debts to the Internal Revenue Service. Subpart GTax Refund Offset 1018.90 Purpose. 1018.91 Applicability and scope. 1018.92 Administrative charges. 1018.93 Notice requirement bef

11、ore offset. 1018.94 Review within the Board. 1018.95 Board determination. 1018.96 Stay of offset. AUTHORITY: 31 U.S.C. 3701, 31 U.S.C. 3711 et seq., 49 U.S.C. 721, 4 CFR parts 101105. SOURCE: 58 FR 7749, Feb. 9, 1993, unless oth-erwise noted. Subpart AApplication and Coverage 1018.1 Application. (a)

12、 This part applies to claims for the payment of debts owed to the United States Government in the form of VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or netwo

13、rking permitted without license from IHS-,-,-58 49 CFR Ch. X (10110 Edition) 1018.2 money or property and unless a dif-ferent procedure is specified in a stat-ute, regulation, or a contractual agree-ment with the Board, prescribes proce-dures by which the Board: (1) Collects, compromises, suspends,

14、and terminates collection actions for claims; (2) Determines and collects interest and other charges on these claims; and (3) Refers unpaid claims to the Gen-eral Accounting Office (GAO) and the Department of Justice (DOJ) for litiga-tion. (b) The following are examples of the kinds of debts to whic

15、h special statu-tory and administrative procedures apply: (1) A claim against an employee for erroneous payment of pay and allow-ances subject to waiver under 5 U.S.C. 5584 and other claims against employ-ees which are handled under 49 CFR part 1017. (2) A claim involving the payment of civil penalt

16、ies or forfeitures which may arise under provisions of the Interstate Commerce Act or legislation supple-mental thereto. Those claims are han-dled under procedures set forth in 49 CFR part 1021. (3) A claim involved in a case pending before any Federal Contract Appeals Board or Grant Appeals Board.

17、How-ever, nothing in this part prevents ne-gotiation and settlement of a claim pending before a Board. 1018.2 Definitions. (a) Administrative offset means with-holding money payable by the United States to, or held by the Government for, a person to satisfy a debt the per-son owes the Government. (b

18、) Claim and debt are used synony-mously and interchangeably for pur-poses of this part. These terms refer to an amount of money or property which has been determined by an appropriate agency official to be owed to the United States by any person, organiza-tion, or entity except another Federal agenc

19、y. (c) Delinquent. A debt is considered delinquent if it has not been paid by the date specified in the initial written demand for payment or applicable con-tractual agreement with the Board, un-less other satisfactory payment ar-rangements have been made by that date. If the debtor fails to satisfy

20、 an obligation under a payment agreement with the Board after other payment ar-rangements have been made, the debt becomes a delinquent debt. (d) Payment in full means payment of the total debt due the United States, including any interest, penalty, and ad-ministrative costs of collection as-sessed

21、against the debtor. 1018.3 Communications. Unless otherwise specified, all com-munications concerning the regula-tions in this part should be addressed to Chief, Section of Financial Services, Surface Transportation Board, room 1330, Washington, DC 20423. 58 FR 7749, Feb. 9, 1993, as amended at 64 F

22、R 53267, Oct. 1, 1999 1018.4 Claims that are covered. (a) These procedures generally apply to any claim for payment of a debt which: (1) Results from activities of the Board including fees imposed under 49 CFR part 1002; or (2) Is referred to the Board for collec-tion. (b) These procedures do not ap

23、ply to: (1) A claim based on a civil monetary penalty for violation of a requirement of the Interstate Commerce Act or an order or regulation of the Board unless 49 CFR part 1021 provides otherwise; (2) A claim as to which there is an in-dication of fraud, the presentation of a false claim, or misre

24、presentation on the part of the debtor, or any other party having an interest in the claim; (3) A claim between Federal agencies; and (4) A claim once it becomes subject to salary offset which is governed by 5 U.S.C. 5514. 1018.5 Monetary limitation on Board authority. The Boards authority to compro

25、mise a claim or to terminate or suspend col-lection action on a claim covered by these procedures is limited by 31 U.S.C. 3711(a) to claims that: (a) Have not been referred to another Federal agency, including the GAO, for further collection action; and VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219

26、PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-59 Surface Transportation Board, DOT 1018.20 (b) Do not exceed $100,000, exclusive of interest, penalties,

27、and administra-tive costs (the monetary limitation). 1018.6 Omissions not a defense. (a) The failure of the Board to in-clude in this part any provision of the Federal Claims Collection Standards, 4 CFR parts 101 through 105, does not prevent the Board from applying these provisions. (b) A debtor ma

28、y not use the failure of the Board to comply with any provi-sion of this part or the Federal Claims Collection Standards as a defense to the debt. 1018.7 Conversion claims. These procedures are directed pri-marily to the recovery of money on be-half of the Government. The Board may demand: (a) The r

29、eturn of specific property; or (b) Either the return of property or the payment of its value. 1018.8 Subdivision of claims. The Board shall consider a debtors liability arising from a particular transaction or contract as a single claim in determining whether the claim is less than the monetary limi

30、ta-tion for the purpose of compromising or suspending or terminating collec-tion action. A claim may not be sub-divided to avoid the monetary limita-tion established by 31 U.S.C. 3711(a)(2) and 1018.5 of this part. Subpart BAdministrative Collection of Claims 1018.20 Written demand for payment. (a)

31、The Board shall make appropriate written demand upon the debtor for payment of money in terms which specify: (1) The basis for the indebtedness and the right of the debtor to request re-view within the Board; (2) The amount claimed; (3) The date by which payment is to be made, which normally should

32、not be more than 30 days from the date that the initial demand letter statement was mailed, unless otherwise specified by contractual agreement, established by Federal statute or regulation, or agreed to under a payment agreement; (4) The applicable standards for as-sessing interest, penalties, and

33、admin-istrative costs (4 CFR 102.13 and 49 CFR 1018.30); and (5) The applicable policy for report-ing the delinquent debt to consumer re-porting agencies. (b) The Board normally shall send three progressively stronger written demands at not more than 30-day inter-vals, unless circumstances indicate

34、that alternative remedies better pro-tect the Governments interest, that the debtor has explicitly refused to pay, or that sending a further demand is futile. Depending upon the cir-cumstances of the particular case, the second and third demands may: (1) Offer or seek to confer with the debtor; (2)

35、State the amount of the interest and penalties that will be added on a daily basis, as well as the administra-tive costs that will be added to the debt until the debt is paid; and (3) State that the authorized collec-tion procedures include any procedure authorized in this part including: (i) Contac

36、ts with the debtors em-ployer when the debtor is employed by the Federal Government or is a mem-ber of the military establishment or the Coast Guard; (ii) Possible referral of the debt to a private agency for collection; (iii) Possible reporting of the delin-quent debt to consumer reporting agen-cie

37、s in accordance with the guidelines and standards contained in 4 CFR 102.5 and the Boards procedures set forth in 1018.23 of this part; (iv) The suspension or revocation of a license or other remedy under 1018.25 of this part; (v) Installment payments possibly re-quiring security; and (vi) The right

38、 to refer claims to GAO or DOJ for litigation. (c) The failure to state in a letter of demand a matter described in 1018.20 is not a defense for a debtor and does not prevent the Board from proceeding with respect to that matter. 58 FR 7749, Feb. 9, 1993; 58 FR 11099, Feb. 23, 1993 VerDate Mar2010 1

39、5:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-60 49 CFR Ch. X (10110 Edition) 1018.21 1018.21 Telephone inquiries and in-ves

40、tigations. (a) If a debtor has not responded to one or more written demands, the Board shall make reasonable efforts by telephone to determine the debtors in-tentions. If the debtor cannot be reached by telephone at the debtors place of employment, the Board may telephone the debtor at his or her re

41、si-dence between 8 a.m. and 9 p.m. (b) The Board may undertake an in-vestigation to locate a debtor, if the whereabouts of a debtor is a problem, or if a debtor cannot be contacted by telephone. The Board may also send a representative to a debtors place of employment if the debtor cannot be contact

42、ed by phone or the debtor does not respond to written demands by the Board for payment of claims. (c) The Board under 15 U.S.C. 1681(f) may obtain consumer credit informa-tion from private firms, including name, address, former address, place of employment, and former place of em-ployment of a debto

43、r. 1018.22 Personal interviews. (a) The Board may seek an interview with the debtor at the offices of the Board when: (1) A matter involved in the claim needs clarification; (2) Information is needed concerning the debtors circumstances; or (3) An agreement of payment might be negotiated. (b) The Bo

44、ard shall grant an inter-view with a debtor upon the debtors request. The Board will not reimburse a debtors interview expenses. 1018.23 Use of consumer reporting agencies. (a) In addition to assessing interest, penalties, and administrative costs under 1018.30 of this part, the Board may report a d

45、ebt that has been delin-quent for 90 days to a consumer report-ing agency, if all the conditions of this paragraph are met. (1) The debtor has not: (i) Paid or agreed to pay the debt under a written payment plan that has been signed by the debtor and agreed to by the Board; or (ii) Filed for review

46、of the debt under 1018.23(a)(2)(iv) of this section. (2) The Board has included a notifica-tion in the third written demand (see 1018.20(b) to the debtor stating: (i) That the account has been re-viewed and payment of the debt is de-linquent; (ii) That, within not less than 60 days after the date of

47、 notification, the Board intends to disclose to a con-sumer reporting agency that the indi-vidual is responsible for the debt; (iii) The specific information to be disclosed to the consumer reporting agency; and (iv) That the debtor has the right to a complete explanation of the debt (if that has no

48、t already been given), to dispute information on Board records about the debt, and to request recon-sideration of the debt by administra-tive appeal or review of the debt. (3) The Board has sent at least one written demand by either registered or certified mail with the notification de-scribed in pa

49、ragraph (a)(2) of this sec-tion. (4) The Board has reconsidered its initial decision on the debt when the debtor has requested a review under 1018.23(a)(2)(iv). (5) The Board has taken reasonable action to locate a debtor for whom the Board does not have a current address to send the notifications provided for in paragraph (a)(2) of this section. (b) If there is a substantial change in the condition or amount of the debt, the Boar