[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR30.25]

[Page 53]
 
                           TITLE 34--EDUCATION
 
PART 30_DEBT COLLECTION--Table of Contents
 
        Subpart C_What Provisions Apply to Administrative Offset?
 
Sec. 30.25  How may a debtor obtain an oral hearing?

    (a) If a debtor wants the Secretary to conduct the review requested 
under Sec. 30.24 as an oral hearing, the debtor must file a written 
request for an oral hearing together with the request for review filed 
under Sec. 30.24(a).
    (b) A request filed under paragraph (a) of this section must contain 
the following in addition to the information filed under Sec. 30.24(b):
    (1) An explanation of reason(s) why the debtor believes the 
Secretary cannot resolve the issues identified in the notice under Sec. 
30.22(b)(3)(ii) or Sec. 30.33(b)(3)(ii) through a review of the 
documentary evidence.
    (2) An identification of:
    (i) The individuals that the debtor wishes to have testify at the 
oral hearing;
    (ii) The specific issues identified in the notice regarding which 
each individual is prepared to testify; and
    (iii) The reasons why each individual's testimony is necessary to 
resolve the issue.
    (c) The Secretary grants a debtor's request for an oral hearing 
regarding the issues identified in the notice under Sec. 
30.22(b)(3)(ii) or Sec. 30.33(b)(3)(ii) only if:
    (1)(i) A statute authorizes or requires the Secretary to consider 
waiver of the indebtedness involved;
    (ii) The debtor files a request for waiver of the indebtedness with 
the request for review filed under paragraph (a)(1) of this section; and
    (iii) The question of waiver of the indebtedness turns on an issue 
of credibility or veracity; or
    (2) The Secretary determines that the issues identified in the 
notice under Sec. 30.22(b)(3)(ii) or Sec. 30.33(b)(3)(ii) cannot be 
resolved by review of only the documentary evidence.
    (d) Notwithstanding paragraph (b) of this section, the Secretary may 
deny oral hearings for a class of similar debts if:
    (1) The issues identified in the notice under Sec. 30.22(b)(3)(ii) 
or 30.33(b)(3)(ii) for which an oral hearing was requested, or the issue 
of waiver, rarely involve issues of credibility or veracity; and
    (2) The Secretary determines that review of the documentary evidence 
is ordinarily an adequate means to correct mistakes.
    (e) The Secretary may decline to consider any reasons that the 
debtor fails to provide in accordance with paragraph (b)(1) of this 
section.

(Approved by the Office of Management and Budget under control number 
1880-0515)

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

[51 FR 24099, July 1, 1986, as amended at 51 FR 35647, Oct. 7, 1986]