7 C.F.R. § 3.22

CCC withholding of payment

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(a) CCC may temporarily withhold issuance of payment of some or all amounts to a debtor under one or more contracts or programs. Withholding of a payment prior to the completion of an applicable offset procedure may be made from amounts payable to a debtor by CCC to ensure that the interests of CCC and the United States will be protected as provided in this section.

(b) A payment may be withheld to protect the interests of CCC or the United States if CCC determines that:

(1) There has been a serious breach of contract or violation of program requirements and the withholding action is considered necessary to protect the financial interests of CCC;

(2) There is substantial evidence of violations of criminal or civil fraud laws and criminal prosecution or civil fraud action is of primary importance to program operations of CCC;

(3) Prior experience with the debtor indicates that collection will be difficult if amounts payable to the debtor are not withheld;

(4) There is doubt that the debtor will be financially able to pay a judgment on the claim of CCC;

(5) The facts available to CCC are insufficient to determine the amount to be offset or the proper payee;

(6) A judgement on a claim of CCC has been obtained; or

(7) Such action has been requested by Justice.

Notes of Decisions

Cited in 1 case, 2000–2000 · leading case: Lewis v. Glickman, 104 F. Supp. 2d 1311 (D. Kan. 2000).

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Lewis v. Glickman, 104 F. Supp. 2d 1311 (D. Kan. 2000). · cites it 4× “7 C.F.R. § 3.22 . The apparent rationale underlying the rule which prohibits a debt management officer from acting as a reviewing officer is that someone other than the person who made the decision should review that decision, to preclude a conflict of interest and to ensure the…”

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