Agency:
Scheme Nickname:
DOT Debt collection proceedings
This scheme sets out the procedures by which the DOT engages in debt collection (specifically, by administrative offset, salary offset and wage garnishment). This form also encompasses a brief review within the Department for debtors who wish to prevent DOT from referring their debt to the IRS for offset of their tax refunds.
Comments/Notes on Adjudication Structure:
-This scheme captures four types of debt collection. The regulation pertaining to administrative offsets does not name a hearing officer, deferring to the procedures governing salary offsets. See 49 CFR 89.25(c) (citing 49 CFR Part 92). The salary offset procedures, in turn, state that hearings must be informal conferences before an administrative law judge or other hearing official not under the control of the Department. See 49 CFR 92.17(a) (citing 49 CFR 92.5(j)). The procedures for administrative wage garnishments take a similar tack, calling for a "hearing official" defined as "a qualified individual selected at the discretion of the Secretary" who may be an ALJ. 49 CFR 89.35(b); see also 31 CFR 285.11(f)(6). As all cases call for a "hearing official" Hearing Officer 1 is referred to as "Hearing Official."
Types of Adjudication:
Type B
Verified by Agency:
Not verified
Is this a Major Adjudication:
No