130.51—Penalties for nonpayment or late payment.
(a) Unpaid debt.
If any person for whom the service is provided fails to pay when due any debt to APHIS, including any user fee due under 7 CFR chapter III or chapter I of this title, then:
(1) Subsequent user fee payments.
Payment must be made for subsequent user fees before the service is provided if:
(i)
For unbilled fees, the user fee is unpaid 60 days after the date the pertinent regulatory provision indicates payment is due;
(iii)
The person for whom the service is provided or the person requesting the service has not paid the late payment penalty or interest on any delinquent APHIS user fee; or
(2) Resolution of difference between estimate and actual.
APHIS will estimate the user fee to be paid; any difference between the estimate and the actual amount owed to APHIS will be resolved as soon as reasonably possible following the delivery of the service, with APHIS returning any excess to the payor or billing the payor for the additional amount due.
(3) Prepayment form.
The prepayment must be in guaranteed form, such as money order, certified check, or cash. Prepayment in guaranteed form will continue until the debtor pays the delinquent debt.
(i)
For unbilled fees, the user fee is unpaid 90 days after date the pertinent regulatory provision indicates payment is due;
(iii)
The person for whom the service is provided or the person requesting the service has not paid the late payment penalty or interest on any delinquent APHIS user fee; or
(b) Unpaid debt during service.
If APHIS is in the process of providing a service for which an APHIS user fee is due, and the user has not paid the fee within the time required, or if the payment offered by the user is inadequate or unacceptable, then APHIS will take the following action:
(1) Animals or birds in quarantine.
If an APHIS user fee specified in § 130.2 or § 130.3 is due for animals or birds in quarantine at an animal import center or at a privately operated import quarantine facility, APHIS will not release them.
(2) Export health certificate.
If an APHIS user fee specified in § 130.20 is due for an export health certificate, APHIS will not release the certificate.
(3) Veterinary diagnostics.
If an APHIS user fee specified in §§ 130.14 through 130.19 is due for a veterinary diagnostic test or service, APHIS will not release the test result, any endorsed certificate, or any other veterinary diagnostic service.
(c) Late payment penalty.
If for unbilled user fees, the user fees are unpaid 30 days after the date the pertinent regulatory provisions indicates payment is due, or if billed, are unpaid 30 days after the date of the bill, APHIS will impose a late payment penalty and interest charges in accordance with 31 U.S.C. 3717.
(d) Dishonored payment penalties.
User fees paid with dishonored forms of payment, such as a check returned for insufficient funds, will be subject to interest and penalty charges in accordance with 31 U.S.C. 3717. Administrative charges will be assessed at $20.00 per dishonored payment to be paid in addition to the original amount owed. Payment must be in guaranteed form, such as cash, money order, or certified check.
(e) Debt collection management.
In accordance with the Debt Collection Improvement Act of 1996, the following provisions apply:
(1) Taxpayer identification number.
APHIS will collect a taxpayer identification number from all persons, other than Federal agencies, who are liable for a user fee.
(2) Administrative offset.
APHIS will notify the Department of Treasury of debts that are over 180 days delinquent for the purposes of administrative offset. Under administrative offset, the Department of Treasury will withhold funds payable by the United States to a person (i.e., Federal income tax refunds) to satisfy the debt to APHIS.
(3) Cross-servicing.
APHIS will transfer debts that are over 180 days delinquent to the Department of Treasury for cross-servicing. Under cross-servicing, the Department of Treasury will collect debts on behalf of APHIS. Exceptions will be made for debts that meet certain requirements, for example, debts that are already at a collection agency or in payment plan.
(f) Animals or birds abandoned after quarantine at an animal import center.
Animals or birds left in quarantine at an animal import center for more than 30 days after the end of the required quarantine period will be deemed to be abandoned.
(1)
After APHIS releases the abandoned animals or birds from quarantine, APHIS may seize them and sell or otherwise dispose of them, as determined by the Administrator, provided that their sale is not contrary to any Federal law or regulation, and may recover all expenses of handling the animals or birds from the proceeds of their sale or disposition.
(2)
If animals or birds abandoned in quarantine at an animal import center cannot be released from quarantine, APHIS may seize and dispose of them, as determined by the Administrator, and may recover all expenses of handling the animals or birds from the proceeds of their disposition and from persons liable for user fees under § 130.50(a).