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(1) An award for the fee of an attorney or agent in excess of $75.00 per hour; or

(2) An award to compensate an expert witness in excess of the highest rate at which the Department pays expert witnesses.

(c) The adjudicative officer may also determine whether

(1) Any study, analysis, engineering report, text, or project for which the applicant seeks an award was necessary for the preparation of the applicant's case in the adversary adjudication; and

(2) The costs claimed by the applicant for this item or items are reasonable.

(d) The adjudicative officer may not make an award to an eligible party if the adjudicative officer, the CRRA, or the Secretary on review finds that, based on a review of the administrative record as a whole

(1) The position of the Department, as defined in $21.3, was substantially justified; or

(2) Special circumstances make an award unjust.

(e) The adjudicative officer may reduce or deny an award to the extent that the applicant engaged in conduct that unduly unreasonably protracted the adversary adjudication.

(f) If an applicant is entitled to an award because the applicant prevailed over another agency of the United States that participated in a proceeding before the Department and that agency's position was not substantially justified, the adjudicative officer shall determine whether to make the award, or an appropriate portion of the award, against that agency. For the purpose of this determination, the requirements of this subpart apply.

(1) Written findings, including sufficient supporting explanation, on

(i) The applicant's status as a prevailing party;

(ii) The applicant's eligibility;

(iii) Whether the position of the Department was substantially justified;

(iv) Whether special circumstances make an award unjust;

(v) If applicable, whether the applicant engaged in conduct that unduly or unreasonably protracted the adversary adjudication; and

(vi) Other factual issues raised in the adversary adjudication.

(2) A statement of the amount awarded, including an explanation—with supporting information-for any difference between the amount requested by the applicant and the amount awarded.

(3) A statement of the applicant's right to request review by the Secretary under $21.54.

(4) A statement of the applicant's right under $21.56 to seek judicial review of the final award determination.

(c) The explanation referred to in paragraph (b)(2) of this section may include

(1) Whether the amount requested was reasonable; and

(2) The extent to which the applicant unduly or unreasonably protracted the adversary adjudication.

or

(Authority: 5 U.S.C. 504 (a)(3) and (c))

(Authority: 5 U.S.C. 504(a), (b)(1)(A), and (b)(1)(E))

$21.52 Initial decision by an adjudica

tive officer in applications subject

to CRRA jurisdiction. (a) If the application is subject to the jurisdiction of the CRRA, the adjudicative officer shall issue the initial decision within 30 days after completion of the proceedings.

(b) The initial decision must include the information required under § 21.51(b). However, instead of the information required under $21.51(b)(3), the initial decision must inform the applicant of

(1) Its right to request review by the CRRA; and

(2) Its right to request review by the Secretary of the CRRA's final decision.

(c) If the applicant or the Department's counsel appeals the adjudicative officer's initial decision, the appeal must be submitted to the CRRA,

$21.51 Initial decision in applications

not subject to the CRRA. (a) In applications not subject to the jurisdiction of the CRRA, the adjudicative officer shall issue an initial decision on an application within 30 days after completion of proceedings on the application

(b) The initial decision must include the following:

in writing, within 30 days after the initial decision is issued.

(d) If the applicant or the Department's counsel does not appeal the adjudicative officer's initial decision to the CRRA and the Secretary does not decide to review the initial decision under $21.54(a), the initial decision becomes the Department's final decision 60 days after it is issued by the officer.

(2) A statement of the amount awarded, including an explanation-with supporting information for any difference between the amount requested by the applicant and the amount awarded.

(3) A statement of the applicant's right to request review by the Secretary under $21.54.

(4) A statement of the applicant's right under $21.56 to seek judicial review of the final award determination.

(e) The explanation referred to in paragraph (d)(2) of this section may include

(1) Whether the amount requested was reasonable; and

(2) The extent to which the applicant unduly or unreasonably protracted the adversary adjudication.

(Authority: 5 U.S.C. 504(b)(1)(C); 20 U.S.C. 1681; 29 U.S.C. 794; 42 U.S.C. 2000d-1 et seq. and 6101 et seq.)

$ 21.53 Final decision of the CRRA.

(Authority: 5 U.S.C. 301, 557 (b) and (c); 20 U.S.C. 1681 and 3401 et seq.; 29 U.S.C. 794; 42 U.S.C. 2000d-1 et seq. and 6101 et seq.)

(a) In an application subject to the jurisdiction of the CRRA, the CRRA shall, within 30 days after receipt of the written appeal

(1) Issue a final decision on the appeal of the adjudicative officer's initial decision; or

(2) Remand the application to the adjudicative officer for further proceedings.

(b) The CRRA shall review the initial decision on the basis of the written record of the proceedings on the application. This includes but is not limited to

(1) The written request; and

(2) The adjudicative officer's findings as described in $21.51(b).

(c) The CRRA shall act on the review by either

(1) Issuing a final decision on the application; or

(2) Remanding the application to the adjudicative officer for further proceedings.

(d) If the CRRA issues a final decision, the CRRA's decision must include

(1) Written findings, including supporting explanation, on

(i) The applicant's status as a prevailing party;

(ii) The applicant's eligibility;

(iii) Whether the position of the Department was substantially justified;

(iv) Whether special circumstances make an award unjust;

(v) Whether the applicant engaged in conduct that unduly or unreasonably protracted the adversary adjudication; and

(vi) Other factual issues raised in the adversary adjudication.

$21.54 Review by the Secretary.

(a) The Secretary may decide to review

(1) An initial decision made by an adjudicative officer in a proceeding not subject to CRRA review;

(2) An initial decision made by an adjudicative officer in a proceeding subject to CRRA review that was not appealed to the CRRA, or

(3) A final decision made by the CRRA under $21.53.

(b)(1) The Secretary does not review a final decision made by an adjudicative officer of the General Services Administration Board of Contract Appeals.

(2) The Secretary or a party to the proceedings may seek reconsideration of the final decision by an adjudicative officer of the General Services Administration Board of Contract Appeals on the fee application in accordance with 48 CFR 6101.32.

(c) The Secretary decides to review a decision under $21.54(a) either

(1) Upon receipt of a written request for review by an applicant or Department's counsel; or

(2) Upon the Secretary's own motion.

(d) If the applicant or the Department's counsel seeks a review, the request must be submitted to the Secretary, in writing, within 30 days of—

(1) An initial decision in a proceeding not subject to CRRA review; or

$21.56 Judicial review. .

If the applicant is dissatisfied with the award determination in the final decision under $821.52–21.55, the applicant may seek judicial review of that determination under 5 U.S.C. 504(c)(2) within 30 days after that determination was made.

(Authority: 5 U.S.C. 504(c)(2))

Subpart How Are Awards

Paid?

(2) A final decision of the CRRA.

(e) The Secretary decides whether to accept or reject a request for review of an initial decision made by the adjudicative officer in a proceeding not subject to CRRA review or a final decision of the CRRA within 30 days after receipt of a request for review.

(f) The Secretary may decide on his own motion to review a decision made under $21.54(a) within 60 days of the initial decision by the adjudicative officer or a final decision of the CRRA.

(g) If the Secretary decides to review the adjudicative officer's initial decision or the CRRA's final decision

(1) The Secretary reviews the adjudicative officer's initial decision or the CRRA's final decision on the basis of the written record of the proceedings on the application. This includes, but is not restricted to

(i) The written request for review;

(ii) The adjudicative officer's findings as described in $21.51(b); and

(iii) If applicable, the final decision of the CRRA, if any; and

(2) The Secretary either-
(i) Issues a final decision; or

(ii) Remands the application to the adjudicative officer or the CRRA for further proceedings.

(h) If the Secretary issues a final decision, the Secretary's decision

(1) Is in writing;

(2) States the reasons for the decision; and

(3) If the decision is adverse to the applicant, advises the applicant of its right to petition for judicial review under $21.56.

8 21.60 Payment of awards.

To receive payment, an applicant granted an award under the Act must submit to the Financial Management Service of the Department

(a) A request for payment signed by the applicant or its duly authorized agent;

(b) A copy of the final decision granting the award; and

(c) A statement that

(1) The applicant will not seek review of the decision in the United States courts; or

(2) The process for seeking review of the award has been completed.

(Authority: 5 U.S.C. 504(c)(1) and (d))

$ 21.61 Release.

If an applicant, its agent, or its attorney accepts payment of any award or settlement in conjunction with an application under this part, that acceptance

(a) Is final and conclusive with respect to that application; and

(b) Constitutes a complete release of any further claim against the United States with respect to that application.

(Authority: 5 U.S.C. 557 (b) and (c))

$21.55 Final decision if the Secretary

does not review.

(Authority: 5 U.S.C. 504(c)(1))

PART 30-DEBT COLLECTION

If the Secretary takes no action under $21.54

(a) The adjudicative officer's initial decision on the application becomes the Department's final decision 60 days after it is issued by the adjudicative officer; or

(b) The CRRA's decision on the application becomes the Department's final decision 60 days after it is issued by the CRRA.

Subpart A-General

Sec. 30.1 What administrative actions may the

Secretary take to collect a debt? 30.2 On what authority does the Secretary

rely to collect a debt under this part?

(Authority: 5 U.S.C. 301)

Subpart B [Reserved]

Subpart C-What Provisions Apply to

Administrative Offset?

Subpart FWhat Requirements Apply to

the Compromise of a Debt or the Suspension or Termination of Collection Action?

GENERAL OFFSET PROCEDURES

30.70 How does the Secretary exercise dis

cretion to compromise a debt or to suspend or terminate collection of a debt?

Subpart G [Reserved]

AUTHORITY: 20 U.S.C. 1221e-3(a)(1), and 1226a-1, 31 U.S.C. 3711(e), 31 U.S.C. 3716(b) and 3720A, unless otherwise noted.

SOURCE: 51 FR 24099, July 1, 1986, unless otherwise noted.

Subpart A-General

30.20 To what do $$ 30.20-30.31 apply? 30.21 When may the Secretary offset a debt? 30.22 What notice does the debtor receive

before the commencement of offset? 30.23 How must a debtor request an oppor

tunity to inspect and copy records relat

ing to a debt? 30.24 What opportunity does the debtor re

ceive to obtain a review of the existence

or amount of a debt? 30.25 How may a debtor obtain an oral hear

ing? 30.26 What special rules apply to an oral

hearing? 30.27 When does the Secretary enter into a

repayment agreement rather than offset? 30.28 When may the Secretary offset before

completing the procedures under $8 30.22

30.27? 30.29 What procedures apply when the Sec

retary offsets to collect a debt owed an

other agency? 30.30 What procedures apply when the Sec

retary requests another agency to offset a debt owed under a program or activity

of the Department? 30.31 How does the Secretary apply funds

recovered by offset if multiple debts are involved?

$ 30.1 What administrative actions

may the Secretary take to collect a debt?

IRS TAX REFUND OFFSET PROCEDURES

30.33 What procedures does the Secretary

follow for IRS tax refund offsets?

PROCEDURES FOR REPORTING DEBTS TO

CONSUMER REPORTING AGENCIES

(a) The Secretary may take one or more of the following actions to collect a debt owed to the United States:

(1) Collect the debt under the procedures authorized in the regulations in this part.

(2) Refer the debt to the General ACcounting Office for collection.

(3) Refer the debt to the Department of Justice for compromise, collection, or litigation.

(4) Take any other action authorized by law.

(b) In taking any of the actions listed in paragraph (a) of this section, the Secretary complies with the requirements of the Federal Claims Collection Standards (FCCS) at 4 CFR parts 101105 that are not inconsistent with the requirements of this part.

(c) The Secretary may-

(1) Collect the debt under the offset procedures in subpart of this part;

(2) Report a debt to a consumer reporting agency under the procedures in subpart of this part;

(3) Charge interest on the debt as provided in the FCCS;

(4) Impose upon a debtor a charge based on the costs of collection as determined under subpart E of this part;

(5) Impose upon a debtor a penalty for failure to pay a debt when due under subpart E of this part;

(6) Compromise a debt, or suspend or terminate collection of a debt, under subpart F of this part;

30.35 What procedures does the Secretary

follow to report debts to consumer reporting agencies?

Subpart D [Reserved]

Subpart E–What Costs and Penalties Does

the Secretary Impose on Delinquent Debtors?

30.60 What costs does the Secretary impose

on delinquent debtors? 30.61 What penalties does the Secretary im

pose on delinquent debtors? 30.62 When does the Secretary forego inter

est, administrative costs, or penalties?

(7) Take any other actions under the procedures of the FCCS in order to protect the United States Government's interests; or

(8) Use any combination of the procedures listed in this paragraph (c) as may be appropriate in a particular

case.

(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a1, 31 U.S.C. 3711(e))

[53 FR 33425, Aug. 30, 1988)

retary to collect debts by administrative offset.

(ii) The Secretary uses the procedures established under other regulations, including $30.33, What procedures does the Secretary follow for IRS tax refund offsets?, 34 CFR part 31, Salary Offset for Federal Employees Who Are Indebted to the United States Under Programs Administrated by the Secretary of Education, and 34 CFR part 32, Salary Offset to Recover Overpayments of Pay or Allowances from Department of Education Employees, if the conditions requiring application of those special procedures exists.

(2) The word “offset" is used in this subpart to refer to the collection of a debt by administrative offset.

(b) The Secretary does not rely on 31 U.S.C. 3716 as authority for offset if:

(1) The debt is owed by a State or local government;

(2) The debt, or the payment against which offset would be taken, arises under the Social Security Act;

(3) The debt is owed under:
(i) The Internal Revenue Code of 1954;

$ 30.2 On what authority does the Sec

retary rely to collect a debt under

this part? (a)(1) The Secretary takes an action referred to under $30.1(a) in accordance with

(i) 31 U.S.C. chapter 37, subchapters I and II;

(ii) Other applicable statutory authority; or

(iii) The common law.

(2) If collection of a debt in a particular case is not authorized under one of the authorities described in paragraph (a)(1) of this section, the Secretary may collect the debt under any other available authority under which collection is authorized.

(b) The Secretary does not use a procedure listed in 8 30.1(c) to collect a debt, or a certain type of debt, if

(1) The procedure is specifically prohibited under a Federal statute; or

(2) A separate procedure other than the procedure described under $30.1(c) is specifically required under

(i) A contract, grant, or other agreement;

(ii) A statute other than 31 U.S.C. 3716; or

(iii) Other regulations. (Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a1, 31 U.S.C. 3711(e))

or

(ii) The tariff laws of the United States; or

(4) The right to collect the debt first accrued more than ten years before initiation of the offset.

(C)(1) The Secretary may rely on 31 U.S.C. 3716 as authority for offset of a debt to which paragraph (b)(4) of this section would otherwise apply if facts material to the Government's right to collect the debt were not known and could not reasonably have been known by the official or officials of the Government who are charged with the responsibility to discover and collect the debt.

(2) If paragraph (c)(1) of this section applies, the Secretary may rely on 31 U.S.C. 3716 as authority for offset up to 10 years after the date that the official or officials described in that paragraph first knew or reasonably should have known of the right of the United States to collect the debt.

(d) The Secretary determines when the right to collect a debt first accrued

[53 FR 33425, Aug. 30, 1988]

Subpart B [Reserved]

Subpart C-What Provisions Apply

to Administrative Offset?

GENERAL OFFSET PROCEDURES

$ 30.20 To what do $$ 30.20–30.31 apply?

(a)(1)(i) Sections 30.20–30.31 establish the general procedures used by the Sec

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