45 CFR 303.71 - Requests for full collection services by the Secretary of the Treasury.
(a) Definition. State collection mechanisms means a comprehensive set of written procedures developed and used to maximize effective collection action within the State.
(b) Families eligible. Subject to the criteria and procedures in this section, the IV-D agency may request the Secretary to certify the amount of a child support obligation to the Secretary of the Treasury for collection under section 6305 of the Internal Revenue Code of 1986. Requests may be made on behalf of families who make assignments as defined in § 301.1 of this chapter and on behalf of families receiving services under § 302.33.
(c) Cases eligible. For a case to be eligible for certification to the Secretary of the Treasury:
(1) There shall be a court or administrative order for support;
(2) The amount to be collected under the support order shall be at least $750 in arrears;
(3) At least six months shall have elapsed since the last request for referral of the case to the Secretary of the Treasury;
(4) The IV-D agency, the client, or the client's representative shall have made reasonable efforts to collect the support through the State's own collection mechanisms. The agency need not repeat actions taken by the client or client's representative that the agency determines to be comparable to the State's collection mechanisms.
(5) Only the State that has taken an assignment as defined in § 301.1 of this chapter or an application or referral under § 302.33 of this chapter may request Secretary of the U.S. Treasury collection services on behalf of a given case.
(d) Procedures for submitting requests. (1) The IV-D agency shall submit requests for certification to the regional office in the manner and form prescribed by the Office.
(2) The Director of the State IV-D agency (or designee) shall sign requests for collection by the Secretary of the Treasury.
(e) Criteria for acceptable requests. The IV-D agency shall ensure that each request contains:
(1) Sufficient information to identify the debtor, including:
(i) The individual's name;
(ii) The individual's social security number;
(iii) The individual's address and place of employment, including the source of this information and the date it was last verified.
(2) A copy of all court or administrative orders for support;
(i) The amount owed under the support orders;
(ii) A statement of whether the amount is in lieu of, or in addition to, amounts previously referred to Secretary of the U.S. Treasury for collection;
(i) A statement that the agency, the client, or the client's representative has made reasonable efforts to collect the amount owed using the State's own collection mechanisms or mechanisms that are comparable;
(ii) A description of the actions taken, why they failed, and why further State action would be unproductive;
(5) The dates of any previous requests for referral of the case to the Secretary of the Treasury;
(6) A statement that the agency agrees to reimburse the Secretary of the Treasury for the costs of collection; and
(i) A statement that the agency has reason to believe that the debtor has assets that the Secretary of the Treasury might levy to collect the support; and
(ii) A statement of the nature and location of the assets, if known.
(f) Review of requests by the Office. (1) The Regional Office will review each request to determine whether it meets the requirements of this section.
(2) If a request meets all requirements, the Regional Office will promptly certify and transmit the request with a copy of all supporting documentation to the Secretary of the Treasury. At the same time, the Regional Office will notify the IV-D agency in writing of the transmittal.
(i) If a request does not meet all requirements, the Regional Office will attempt to correct the request in consultation with the IV-D agency.
(ii) If the request cannot be corrected through consultation, the Regional Office will return it to the agency with an explanation of why the request was not certified.
(g) Notification of changes in case status. (1) The IV-D agency shall immediately notify the Regional Office of the following changes in case status:
(i) A change in the amount due;
(ii) A change in the nature or location of assets;
(iii) A change in the address of the debtor.
(2) The Regional Office will transmit the revised information to the Secretary of the Treasury.
Title 45 published on 2014-10-01
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 45 CFR Part 303 after this date.