(a) As used in this section the term “agency” means nonprofit budget and credit counseling agency.
(b) Each nonprofit budget and credit counseling agency seeking to be included on the list of approved agencies must complete in its entirety the application form EOUST-CC1, “Application for Approval as a Nonprofit Budget and Credit Counseling Agency” (application), including all appendices, and submit it at the address indicated on the application.
(c) The application must be executed under penalty of perjury in a manner specified in 28 U.S.C. 1746.
(d) An application may not be accepted by the EOUST unless it is complete and has been signed by an agency representative who is authorized to sign on behalf of the agency. An application that is incomplete or has been altered, amended, or changed in any respect from the application at the United States Trustee Program's Web site may not be accepted by the EOUST. Such an application will be denied, and no further action will be taken on the request for inclusion on the approved list until a new application is submitted that corrects the defects.
(e) The EOUST will not accept an application submitted by an agency on behalf of another individual or group of individuals. Each agency that desires to be included on the approved list must submit its own application.
(f) Each agency must submit a new application 45 to 60 days before expiration of its six month probationary period or annual period to be considered for annual approval. After the application is completed and signed, the originals must be mailed to the EOUST, Credit Counseling Application Processing, at the address indicated on the application. The EOUST will not accept a photocopy or facsimile of the application.
(g) An agency whose name appears on the list incorrectly may submit a written request that the name be corrected. An agency whose name appears on the list may submit a written request that its name be removed from the list.
(h) By submitting an application, the agency expressly consents to the release and disclosure of the agency's name on the approved list and the publication of the agency's contact information.
(i) Obligation to Update Information: (1) The agency has a continuing duty to promptly notify the EOUST of any circumstances that would materially alter or change a response to any section of the application, including but not limited to, changes in the location of primary or satellite business office(s); the principal contact person; name or fictitious name under which the agency does business; management, including the board of directors; a merger or consolidation with another entity; and the banks or financial institutions used by the agency;
(2) The agency shall request approval by amendment to its application, and prior to occurrence of the following changes:
(i) Cancellation or change in amount of the surety bond or employee fidelity bond or insurance;
(ii) The engagement of a service provider to provide counseling services to administer debt management plans, or to otherwise control or account for client funds;
(iii) An increase in the fees, contributions, or payments received from clients for counseling services or a change in the agency's policy for the reduction or waiver of fees;
(iv) Expansion into additional judicial districts or withdrawal from judicial districts where the agency is approved; and
(v) Method of delivery or type of counseling services;
(3) The agency must include with any amendment to its application, a newly executed “certification and signature;”
(4) The agency will notify the EOUST immediately upon the occurrence of any of the below noted events:
(i) Cancellation or termination of tax exempt status of the agency by the Internal Revenue Service;
(ii) Cessation of business of the agency or of any office of the agency;
(iii) Termination or cancellation of any surety bond or fidelity insurance;
(iv) Any action brought against the agency by a Federal or state agency, including, but not limited to, the Federal Trade Commission, or any action against the surety bond or fidelity insurance;
(v) Any action by a state agency to suspend the license or cancel other authorization to do business;
(vi) A suspension by an accreditation organization or denial of accreditation;
(vii) Withdrawal as an approved agency; and
(viii) Change in the agency's nonprofit status;
(j) An approved agency may not transfer or assign its United States Trustee approval under section 111 as a nonprofit budget and credit counseling agency to any party.
[71 FR 38078, July 5, 2006]
Title 28 published on 2012-07-01
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