255.18—Compromise of overpayments.
(a)
This section sets forth the principal standards which the Board applies in exercising its authority under 31 U.S.C. 3711 to compromise an overpayment. In addition, the Board may compromise an overpayment under the Federal Claims Collection Standards set forth in 4 CFR part 103.
(b)
An overpayment may be compromised only if it is in the best interest of the agency. Circumstances and factors to be considered are:
(1)
The overpayment cannot be collected because of the overpaid individual's inability to pay the full amount of the overpayment within a reasonable time;
(2)
The overpaid individual refuses to pay the overpayment in full and it appears that enforced collection procedures will take an inordinate amount of time or that the cost of collecting does not justify the enforced collection of the full amount; or
(3)
There is doubt that the Board could prove its case in court for the full amount claimed because of a bona fide dispute as to the facts or because of the legal issues involved.