44 C.F.R. § 11.64 Review within Federal Emergency Management Agency.
Title 44 - Emergency Management and Assistance
(a) Notification by debtor. A debtor receiving notice of intent under §11.63(a)(2) has the right to present evidence and arguments within 60 days of mailing of the notice of intent that all of the debt is not past-due or not legally enforceable. To exercise this right, the debtor must: (1) Send a written request for review of evidence to the FEMA office sending the notice of intent; and (2) State in the request the amount disputed and the reasons why the debtor believes that the debt is not past-due or is not legally enforceable; and (3) Include in the request any documents that the debtor wishes to be considered, or state that additional information will be submitted within the remainder of the 60-day period. FEMA is not obligated to consider any of debtor's evidence received after the 60-day period, except as specified in paragraph (c) of this section. (b) Submission of evidence. The debtor may submit evidence that all or part of the debt is not past due or legally enforceable along with the notification required by paragraph (a) of this section. Debtor's failure to submit the notification and evidence within the 60-day period may result in FEMA's referral of the debt to the Department of the Treasury with only a review by the ACO or the ACO's designee that FEMA's records show that the debt is actually due FEMA. (c) Late filed requests for review within FEMA. If the debtor submits a request for review after the 60-day time limit in paragraph (a) of this section, FEMA shall render a decision as described in paragraph (d) of this section, but FEMA shall not stay offset action as described in §11.65. However, if FEMA, after the review of the debtor's evidence and arguments, determines that the debtor owes less than the amounts that FEMA has taken through offset, then FEMA shall refund any difference between any amounts offset and amounts that the review within the Agency determines is actually owed. (d) Review of the evidence. FEMA will review the debtor's arguments and evidence in accordance with procedures set forth in §11.43(c). [63 FR 1069, Jan. 8, 1998]
Title 44: Emergency Management and Assistance
PART 11—CLAIMS
Subpart C—Collection of Debts by the Government Under the Debt Collection Act of 1982
§ 11.64 Review within Federal Emergency Management Agency.
