31 U.S.C. § 3809

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 3809 - Regulations

Within 180 days after the date of enactment of this chapter, each authority head shall promulgate rules and regulations necessary to implement the provisions of this chapter. Such rules and regulations shall-

(1) ensure that investigating officials and reviewing officials are not responsible for conducting the hearing required in section 3803(f) of this title, making the determinations required by subsections (f) and (h) of section 3803 of this title, or making collections under section 3806 of this title; and

(2) require a reviewing official to include in any notice required by section 3803(a)(2) of this title a statement which specifies that the reviewing official has determined that there is a reasonable prospect of collecting, from a person with respect to whom the reviewing official is referring allegations of liability in such notice, the amount for which such person may be liable.

31 U.S.C. § 3809

Added Pub. L. 99-509, title VI, §6103(a), Oct. 21, 1986, 100 Stat. 1947.

EDITORIAL NOTES

REFERENCES IN TEXTThe date of enactment of this chapter, referred to in text, means the date of enactment of Pub. L. 99-509 which was approved Oct. 21, 1986.

authority head

"authority head" means-(A) the head of an authority; or(B) an official or employee of the authority designated, in regulations promulgated by the head of the authority, to act on behalf of the head of the authority;

person

"person" means any individual, partnership, corporation, association, or private organization;

reviewing official

"reviewing official" means any officer or employee of an authority-(A) who is designated by the authority head to make the determination required under section 3803(a)(2) of this title;(B) who, if a member of the Armed Forces of the United States on active duty, is serving in grade O-7 or above or, if a civilian employee, is serving in a position for which the rate of basic pay is not less than the minimum rate of basic pay for grade GS-16 under the General Schedule; and(C) who is-(i) not subject to supervision by, or required to report to, the investigating official; and(ii) not employed in the organizational unit of the authority in which the investigating official is employed; and