[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR30.28]

[Page 54]
 
                           TITLE 34--EDUCATION
 
PART 30--DEBT COLLECTION--Table of Contents
 
       Subpart C--What Provisions Apply to Administrative Offset?
 
Sec. 30.28  When may the Secretary offset before completing the procedures 
under Secs. 30.22-30.27?

    (a) The Secretary may offset before completing the procedures 
otherwise required by Secs. 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 Secs. 30.22-30.27.
    (b) If the Secretary offsets under paragraph (a) of this section, 
the Secretary:
    (1) Promptly completes the procedures under Secs. 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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