[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 14039-14040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6036]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0003]


Collection of Overpayments

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: On September 5, 2008, the Federal Emergency Management Agency 
(FEMA) published a notice in the Federal Register that announced FEMA's 
intention to implement a revised recoupment process, where warranted, 
on an individual basis pursuant to the procedures established by 
regulation for the administrative collection of debts. Now FEMA is 
providing notice of its revised recoupment process and the availability 
of the ``FEMA Debt Resolution Process: In Summary,'' a document which 
includes a section describing ``Your Rights and Options'' and provides 
general information to the public on FEMA's revised recoupment 
procedures. The revised procedures provide the opportunity for 
individuals to request an oral hearing.

DATES: FEMA's revised recoupment procedures are effective March 15, 
2011.

ADDRESSES: ``FEMA Debt Resolution Process: In Summary'' can be viewed 
at http://www.regulations.gov under Docket ID FEMA-2009-0003. A hard 
copy may be inspected at FEMA, Office of Chief Counsel, Room 835, 500 C 
Street, SW., Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Gloria Hernandez, Federal Emergency 
Management Agency, Department of Homeland Security, Texas National 
Processing Services Center, P.O. Box 90215, Denton, TX 76202, telephone 
(940) 891-8722 (this is not a toll-free number). Individuals who are 
deaf, hard of hearing or those with speech disabilities may access this 
number through TTY by calling the toll-free Federal Information Relay 
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: On September 5, 2008, FEMA published a 
notice in the Federal Register (73 FR 51831) announcing FEMA's 
intention to implement a revised recoupment process, where warranted, 
on an individual basis pursuant to the procedures established by 
regulation for the administrative collection of debts. FEMA has 
developed revised recoupment procedures pursuant to Department of 
Homeland Security recoupment regulations at 6 CFR part 11 (adopting 
general procedures for administrative collection of debts set forth at 
31 CFR parts 900-904). FEMA will examine the files of individual 
disaster applicants for evidence of overpayment. If FEMA determines 
that recoupment is warranted after review, the revised recoupment 
procedures will apply. A brief summary of these procedures follows.
    Under the revised procedures, when FEMA identifies a potential 
overpayment, FEMA will send the applicant written notification that a 
debt is owed, specifying the amount of the debt and the reason for the 
debt. This ``Notice of Debt'' letter will describe the applicant's 
available options, including payment of the debt in full within 30 days 
to avoid any potential interest and/or penalties, a payment plan, a 
compromise of the debt, or an appeal of the debt determination within 
60 days. FEMA will advise the applicant that, if the applicant believes 
that his or her appeal cannot be decided based on the documentary 
evidence, for example, when the validity of the debt turns on a 
question of credibility or veracity, the applicant may request an oral 
hearing. The applicant will be advised that any request for an oral 
hearing must be accompanied by an explanation as to why the issue in 
dispute requires oral testimony and cannot be resolved solely by 
reviewing documentary evidence. Oral hearings will generally be 
conducted via telephone conference or may, in certain exceptional 
circumstances, be held in-person at a FEMA office.

[[Page 14040]]

    If there is no request for an oral hearing, or if the appeals 
officer decides the appeal can be resolved fairly based on the 
documentary evidence alone, FEMA will review the debt based on the 
written administrative record alone (that is, through a ``paper 
hearing'').
    Following review by either an oral or a paper hearing, FEMA will 
decide the applicant's appeal within 90 days after FEMA receives the 
applicant's appeal letter and will send a final decision in writing to 
be included in the individual's official record. If the individual 
requests an oral hearing and the request is granted, the time limit may 
be extended to complete that process.
    If FEMA determines that the individual owes no debt to FEMA, the 
recoupment will be terminated and FEMA will reimburse any payments made 
on the debt. If FEMA determines that the individual owes a debt to 
FEMA, the individual will be notified of payment options.

    Authority: 31 U.S.C. 3701 et seq.; 6 CFR part 11.

    Dated: February 24, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-6036 Filed 3-14-11; 8:45 am]
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