1、235 Office of the Secretary, HUD 18.1 against the debts in the order in which the debts accrued. 17.159 Application of offset funds: Federal payment is insufficient to cover amount of debt. If an offset of a Federal payment is insufficient to satisfy a debt, the Sec-retary will continue the certific
2、ation to the Department of the Treasury to collect further on the debt. If, in the following year, the debt has become le-gally unenforceable because of the lapse of the statute of limitations, the debt will be reported to the IRS as a cancelled debt in accordance with 17.150(d). 67 FR 47435, July 1
3、8, 2002 17.160 Time limitation for notifying the Department of the Treasury to request offset of Federal payments due. (a) The Secretary may not initiate offset of Federal payments due to col-lect a debt for which authority to col-lect arises under 31 U.S.C. 3716 more than 10 years after the Secreta
4、rys right to collect the debt first accrued, unless facts material to the Secretarys right to collect the debt were not known and could not reasonably have been known by the officials of the De-partment who were responsible for dis-covering and collecting such debts. (b) When the debt first accrued
5、is de-termined according to existing law re-garding the accrual of debts. (See, for example, 28 U.S.C. 2415.) 51 FR 39750, Oct. 31, 1986, as amended at 67 FR 47436, July 18, 2002 17.161 Correspondence with the De-partment. (a) All correspondence from the debt-or to the Office of Appeals concerning t
6、he right to review as described in 17.152 shall be addressed to the Office of Appeals, U.S. Department of Hous-ing and Urban Development, SW., Room B133, Washington, DC 20410. (b) The request for review of Depart-mental records should be addressed to the Title I Representative whose ad-dress appears
7、 in the Notice of Intent of Offset. All requests for review of de-partmental records must be marked: Attention: Records Inspection Request. (c) All other correspondence shall be addressed to the Department Claims Officer, Office of the Chief Financial Officer, Department of Housing and Urban Develop
8、ment, 451 Seventh Street, SW, Washington, DC 20410. 51 FR 39750, Oct. 31, 1986, as amended at 59 FR 59647, Nov. 18, 1994; 67 FR 47436, July 18, 2002; 72 FR 53878, Sept. 20, 2007; 74 FR 4635, Jan. 26, 2009 ADMINISTRATIVE WAGE GARNISHMENT 17.170 Administrative wage garnish-ment. (a) General. The Secre
9、tary may col-lect a debt by using administrative wage garnishment. Regulations in 31 CFR 285.11 governs collection through administrative wage garnishment. To the extent situations arise that are not covered by 31 CFR 285.11, those situa-tions shall be governed by part 26, sub-part A of this title.
10、(b) Hearing official. Any hearing re-quired to establish the Secretarys right to collect a debt through admin-istrative wage garnishment shall be conducted by an Administrative Judge of the Office of Appeals. 67 FR 47436, July 18, 2002, as amended at 72 FR 53878, Sept. 20, 2007 PART 18INDEMNIFICATIO
11、N OF HUD EMPLOYEES AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 3535(d). SOURCE: 62 FR 6096, Feb. 10, 1997, unless otherwise noted. 18.1 Policy. (a) The Department of Housing and Urban Development may indemnify, in whole or in part, a Department em-ployee (which for the purpose of this part includes a former
12、Department em-ployee) for any verdict, judgment or other monetary award which is ren-dered against any such employee, pro-vided the Secretary or his or her des-ignee determines that: (1) The conduct giving rise to the ver-dict, judgment or award was taken within the scope of his or her employ-ment w
13、ith the Department; and (2) Such indemnification is in the in-terest of the United States. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted
14、 without license from IHS-,-,-236 24 CFR Subtitle A (4111 Edition) Pt. 20 (b) The Department of Housing and Urban Development may settle or com-promise a personal damage claim against a Department employee by the payment of available funds, at any time, provided the Secretary or his or her designee
15、determines that: (1) The alleged conduct giving rise to the personal damage claim was taken within the scope of employment; and (2) That such settlement or com-promise is in the interest of the United States. (c) Absent exceptional cir-cumstances, as determined by the Sec-retary or his or her design
16、ee, the De-partment will not entertain a request either to agree to indemnify or to set-tle a personal damage claim before entry of an adverse verdict, judgment or monetary award. (d) When an employee of the Depart-ment becomes aware that an action has been filed against the employee in his or her i
17、ndividual capacity as a result of conduct taken within the scope of his or her employment, the employee should immediately notify his or her supervisor that such an action is pend-ing. The supervisor shall promptly no-tify the head of his or her operating component and the Associate General Counsel
18、for Litigation and Fair Hous-ing Enforcement, if the supervisor is located at headquarters, or Field As-sistant General Counselwho shall promptly notify the Associate General Counsel for Litigation and Fair Hous-ing Enforcementif the supervisor is located in the field. As used in this sec-tion, the
19、term principal operating component means an office in the De-partment headed by an Assistant Sec-retary, the General Counsel, the In-spector General, or an equivalent de-partmental officer who reports directly to the Secretary. Questions regarding representation of the employee will be determined by
20、 the Department of Jus-tice pursuant to 28 CFR 50.15 (Rep-resentation of Federal officials and em-ployees by Department of Justice at-torneys or by private counsel furnished by the Department in civil, criminal, and congressional proceedings in which Federal employees are sued, subpoe-naed, or charg
21、ed in their individual ca-pacities). (e) The employee may, thereafter, re-quest indemnification to satisfy a ver-dict, judgment or monetary award en-tered against the employee or to com-promise a claim pending against the employee. The employee shall submit a written request, with appropriate docu-m
22、entation including a copy of the ver-dict, judgment, award or other order or settlement proposal, in a timely man-ner to the head of the employees prin-cipal operating component. The head of the employees principal operating component shall submit the written re-quest and accompanying documenta-tion
23、, together with a recommended dis-position of the request, in a timely manner to the General Counsel. (f) The General Counsel shall seek the views of the Department of Justice on the request. Where the Department of Justice has rendered a decision de-nying representation of the employee pursuant to
24、28 CFR 50.15, the General Counsel shall seek the concurrence of the Department of Justice on the re-quest. If the Department of Justice does not concur in the request, the General Counsel shall so advise the em-ployee and no further action on the employees request shall be taken. (g) In all instance
25、s except those where the Department of Justice has non-concurred in the request, the Gen-eral Counsel shall forward for decision to the Secretary or his or her designee the employees request, the rec-ommendation of the head of the em-ployees principal operating compo-nent, the views of the Departmen
26、t of Justice, and the General Counsels rec-ommendation. (h) Any payment under this part, ei-ther to indemnify a Department em-ployee or to settle a personal damage claim, is contingent upon the avail-ability of appropriated funds of the De-partment that are permitted by law to be utilized for this p
27、urpose. PART 20OFFICE OF HEARINGS AND APPEALS Sec. 20.1 Establishment of the Office of Hearings and Appeals. 20.3 Location, organization, and officer qualifications. 20.5 Jurisdiction of Office of Appeals. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-
