34 C.F.R. § 30.28   When may the Secretary offset before completing the procedures under §§30.22–30.27?


Title 34 - Education


Title 34: Education
PART 30—DEBT COLLECTION
Subpart C—What Provisions Apply to Administrative Offset?
General Offset Procedures

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§ 30.28   When may the Secretary offset before completing the procedures under §§30.22–30.27?

(a) The Secretary may offset before completing the procedures otherwise required by §§30.22–30.27 if:

(1) Failure to offset would substantially prejudice the Government's ability to collect the debt; and

(2) The amount of time remaining before the payment by the United States which is subject to offset does not reasonably permit completion of the procedures under §§30.22–30.27.

(b) If the Secretary offsets under paragraph (a) of this section, the Secretary:

(1) Promptly completes the procedures under §§30.22–30.27 after initiating the offset; and

(2) Refunds any amounts recovered under the offset that are later found not to be owed to the United States.

(Authority: 20 U.S.C. 1221e–3(a)(1) and 1226a–1, 31 U.S.C. 3716(b))

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