20 CFR 422.410 - What actions will we take after we send you the notice?
(2) If paragraph (b) of this section does not apply and you do not pay the debt in full or do not take either of the actions described in § 422.405(b)(6) or (7) within 60 calendar days from the date of the notice described in § 422.405, we may order your employer to withhold and send us part of yourdisposable pay each payday until your debt is paid.
(3) If you request review of the debt or the payment schedule after the end of the 60 calendar day period described in paragraph (a)(2) of this section and paragraph (b) of this section does not apply, we will conduct the review. However, we may send the administrative wage garnishment order to your employer without further delay. If we sent the administrative wage garnishment order to your employer and we do not make our decision on your request within 60 calendar days from the date that we received your request, we will tell your employer to stop withholding from yourdisposable pay. Withholding will not resume before we conduct the review and notify you of our decision.
(ii) We arrange such a plan with you, and
(iii)You fail to make payments in accordance with that arrangement for two consecutive months.
(b)Good cause for failing to request review on time. If we decide that you had good cause for failing to request review within the 60-day period mentioned in paragraph (a)(2) of this section, we will treat your request for review as if we received it within that 60-day period.
(1)Determining good cause. In determining whether you had good cause, we will consider -
(i) Any circumstances that kept you from making the request on time;
(ii) Whether our action misled you;
(iii) Whether you had any physical, mental, educational, or linguistic limitations (including any lack of facility with the English language) which prevented you from making a request on time or from understanding the need to make a request on time.
(2)Examples of good cause. Examples of facts supporting good cause include, but are not limited to, the following.
(ii) There was a death or serious illness in your family.
(iii) Fire or other accidental cause destroyed important records.
(3)If we issued the administrative wage garnishment order. If we determine that you had good cause under paragraph (b) of this section and we already had sent an administrative wage garnishment order to your employer, we will tell your employer to stop withholding from yourdisposable pay. Withholding will not resume until we conduct the review and notify you of our decision.
Title 20 published on 2015-11-18.
No entries appear in the Federal Register after this date, for 20 CFR Part 422.