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SBA Rule Streamlines Administrative Wage Garnishment

The Small Business Administration has issued a direct final rule amending its debt collection regulations (13 CFR Part 140) by clarifying terminology within the regulations and streamlining administrative wage garnishment hearing procedures. SBA 140.11 sets forth the scope and processes by which SBA may institute administrative wage garnishment against individuals in the collection of debts, as well as the process by which an individual may contest AWG. These modifications to SBA 140.11 revise definitions and the process by which a debtor requests a hearing regarding AWG. The rule makes clear that not only SBA, but also public and private entities pursuing debt on SBA's behalf, may implement AWG against SBA's debtors. Amended SBA 140.11 also removes SBA's Office of Hearings and Appeals administrative judges and OHA procedures from the AWG hearing process, which simplifies the process for both SBA and debtors. The rule goes into effect December 11, 2008, without further action, unless SBA receives significant adverse comments by November 26, 2008, in which case SBA will withdraw the rule. For the text of this direct final rule, see 70,425.343.

(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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