[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: 34CFR30.26]

[Page 53-54]
 
                           TITLE 34--EDUCATION
 
PART 30_DEBT COLLECTION--Table of Contents
 
        Subpart C_What Provisions Apply to Administrative Offset?
 
Sec. 30.26  What special rules apply to an oral hearing?

    (a) The oral hearing under Sec. 30.25 is not a formal evidentiary 
hearing subject to 5 U.S.C. 554, unless required by law.
    (b) If the Secretary grants an oral hearing, the Secretary notifies 
the debtor in writing of:
    (1) The time and place for the hearing;
    (2) The debtor's right to representation; and
    (3) The debtor's right to present and cross examine witnesses.
    (c) If the Secretary grants an oral hearing, the Secretary 
designates an official to:
    (1) Govern the conduct of the hearing;
    (2) Take all necessary action to avoid unreasonable delay in the 
proceedings;
    (3) Review the evidence presented at the hearing, the documents 
submitted by the debtor, and other relevant evidence; and
    (4) After considering the evidence, notify the debtor in writing of 
the official's decision regarding the issues identified in the notice 
under Sec. 30.22(b)(3)(ii) or Sec. 30.33(b)(3)(ii) and, if 
appropriate, the question of waiver of the debt.

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    (d) The official designated under paragraph (c) of this section may 
decline to hear any witnesses or testimony not identified by the debtor 
in accordance with Sec. 30.25(b)(2).
    (e) The decision of the designated official under paragraph (c) of 
this section constitutes the final decision of the Secretary.

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