[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: 34CFR30.28]

[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 Sec. Sec. 30.22-30.27?

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