Scheme Nickname:
Claims collection - salary offset & administrative wage garnishment
Proceedings in which a debtor may seek administrative review of a notice of intent to collect a delinquent debt owed to the National Indian Gaming Commission or another federal agency prior to such action becoming final. Debt/claims collection actions may include salary offset (for current federal employees) or administrative wage garnishment (for collection of monies from non-federal employers). (See 25 CFR Part 513)
Types of Adjudication:
Unknown
Comments/Notes on Adjudication Type(s):
Unclear from NGIC regulations whether salary offset and administrative wage garnishments are heard by ALJs generally, on occasion, or not at all. For salary offsets, NGIC regulations (based on Treasury regulations) provide that the hearing official shall be an individual who does not work for NGIC, but does not appear to mandate ALJs (though most agencies do use ALJs). (See 25 CFR 513.31(b)(8)). For administrative wage garnishment, Treasury regulations (which are incorporated by NGIC regulations), the hearing official "may be any qualified individual, as determined by the agency head, including an administrative law judge." (See 25 CFR 513.40; 31 CFR 285.11(f)(6)).
Verified by Agency:
Not verified
Is this a Major Adjudication:
No