29 C.F.R. § 1650.202 Past-due legally enforceable debt.
Title 29 - Labor
A past-due legally enforceable debt for referral to the IRS is a debt that resulted from any statute administered by EEOC and: (a) Is an obligation of a debtor who is a natural person; (b) Except in the case of a judgment debt, has been delinquent at least 3 months but not more than 10 years at the time the offset is made; (c) Is at least $25.00; (d) Cannot be currently collected pursuant to the salary offset provisions of 5 U.S.C. 5514(a)(1); (e) Is ineligible for administrative offset under 31 U.S.C. 3716(a) by reason of 31 U.S.C. 3716(c)(2) or cannot be collected by administrative offset under 31 U.S.C. 3716(a) by the EEOC against amounts payable to or on behalf of the debtor by or on behalf of the EEOC; (f) With respect to which EEOC has given the debtor at least 60 days from the date of notification to present evidence that all or part of the debt is not past-due or legally enforceable, has considered evidence presented by such debtor, and has determined that an amount of such debt is past-due and legally enforceable; (g) Has been disclosed by EEOC to a consumer reporting agency as authorized by 31 U.S.C. 3711(f), unless the consumer reporting agency would be prohibited from reporting such information by 15 U.S.C. 1681c, or unless the amount of the debt does not exceed $100.00; (h) EEOC's records do not contain evidence that the person owing that debt (or his or her spouse) has filed for bankruptcy under title 11 of the United States Code; and (i) EEOC can clearly establish at the time of the referral that the automatic stay under 11 U.S.C. 362 has been lifted or is no longer in effect with respect to the person owing the debt or his or her spouse, and the debt was not discharged in the bankruptcy proceeding.
Title 29: Labor
PART 1650—DEBT COLLECTION
Subpart B—Procedures for the Collection of Debts by Federal Tax Refund Offset
§ 1650.202 Past-due legally enforceable debt.
