[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: 34CFR32.4]

[Page 67-68]
 
                           TITLE 34--EDUCATION
 
PART 32--SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES FROM 
DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents
 
Sec. 32.4  Employee response.

    (a) Voluntary repayment agreement. Within 7 days of receipt of the 
written notice under Sec. 32.3, the employee may submit a request to the 
Secretary to arrange for a voluntary repayment schedule. To arrange for 
a voluntary repayment schedule, the employee shall submit a financial 
statement and sign a written repayment agreement

[[Page 68]]

approved by the Secretary. An employee who arranges for a voluntary 
repayment schedule may nonetheless request a waiver of the overpayment 
under paragraph (b) of this section.
    (b) Waiver. An employee seeking a waiver of collection of the debt 
that is authorized by law must request the waiver in writing to the 
Secretary within 10 days of receipt of the written notice under 
Sec. 32.3. The employee must state why he or she believes a waiver 
should be granted.
    (c) Involuntary repayment schedule. If the employee claims that the 
amount of the involuntary deduction will cause extreme financial 
hardship and should be reduced, he or she must submit a written 
explanation and a financial statement signed under oath or affirmation 
to the Secretary within 10 days of receipt of the written notice under 
Sec. 32.3. An employee who fails to submit this financial information in 
a timely manner waives the right to object to the involuntary repayment 
schedule at a hearing under Sec. 32.5. The Secretary notifies the 
employee, in writing, whether the Secretary will reduce the rate of the 
involuntary deduction.

(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)