This adjudication scheme implements federal statutes and regulatory standards authorizing CFPB to collect debts owed to the United States.
Twelve CFR Part 1073 provides proceedings in which a debtor may seek review of a Notice of Debt Collection relating to a delinquent debt owed to CFPB or another federal agency prior to such action becoming final. Review proceedings may address: (1) the existence or amount of debt; (2) the proposed schedule for salary offset (if debtor is a federal employee); or (3) whether debt is past due or legally enforceable. Claims collection mechanisms include salary offset, tax refund offset, administrative offset, or administrative wage garnishment.
Applicable regulations (including those of CFPB, the Department of Treasury, and the Federal Claims Collection Standards (31 CFR 900-904)) require an opportunity for either a written or oral hearing, but do not specify the hearing officer. When required by law, CFPB will request an administrative law judge, or hearing official from another agency who is not under the supervision or control of the Director to conduct the review. Otherwise CFPB may appoint a hearing official.
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