[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: 34CFR30.33]

[Page 55-56]
 
                           TITLE 34--EDUCATION
 
PART 30_DEBT COLLECTION--Table of Contents
 
        Subpart C_What Provisions Apply to Administrative Offset?
 
Sec. 30.33  What procedures does the Secretary follow for IRS tax refund 
offsets?

    (a) If a named person owes a debt under a program or activity of the 
Department, the Secretary may refer the debt for offset to the Secretary 
of the Treasury after complying with the procedures in Sec. Sec. 30.20-
30.28, as modified by this section.
    (b) Notwithstanding Sec. 30.22(b), the notice sent to a debtor 
under Sec. 30.22 informs the debtor that:
    (1) The debt is past due;
    (2) The Secretary intends to refer the debt for offset to the 
Secretary of Treasury;
    (3) The debtor has an opportunity to:
    (i) Inspect and copy Department records regarding the existence, 
amount, enforceability, or past-due status of the debt;
    (ii) Obtain a review within the Department of the existence, amount, 
enforceability, or past-due status of the debt;
    (iii) Enter into a written agreement with the Secretary to repay the 
debt; and
    (4) The debtor must take an action set forth under paragraph (b)(3) 
by a date specified in the notice.
    (c) Notwithstanding Sec. 30.23(a), if a debtor wants to inspect and 
copy Department records regarding the existence, amount, enforceability, 
or past-due status of the debt, the debtor must:
    (1) File a written request to inspect and copy the records within 20 
days after the date of the notice provided under Sec. 30.22; and
    (2) File the request at the address specified in that notice.
    (d) Notwithstanding the time frame under Sec. 30.24(a), if a debtor 
wants a review under that paragraph, the debtor must file a request for 
review at the address specified in the notice by the later of:
    (1) Sixty-five days after the date of the notice provided under 
Sec. 30.22;
    (2) If the debtor has requested an opportunity to inspect and copy 
records within the time period specified in paragraph (c) of this 
section, 15 days after the date on which the Secretary makes available 
to the debtor the relevant, requested records; or
    (3) If the debtor has requested a review within the appropriate time 
frame under paragraph (d) (1) or (2) of this section and the Secretary 
has provided an initial review by a guarantee agency, seven days after 
the date of the initial determination by the guarantee agency.
    (e) Notwithstanding the time frames under Sec. 30.24(d), a debtor 
shall file the documents specified under that paragraph with the request 
for review.
    (f) Notwithstanding the time frame under Sec. 30.27(a), a debtor 
must agree to repay the debt under terms acceptable to the Secretary and 
make the first payment due under the agreement by the latest of:
    (1) The seventh day after the date of decision of the Secretary if 
the debtor requested a review under Sec. 30.24;

[[Page 56]]

    (2) The sixty-fifth day after the date of the notice under Sec. 
30.22(b), if the debtor did not request a review under Sec. 30.24, or 
an opportunity to inspect and copy records of the Department under Sec. 
30.23; or
    (3) The fifteenth day after the date on which the Secretary made 
available relevant records regarding the debt, if the debtor filed a 
timely request under Sec. 30.23(a).

(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3720A)

      Procedures for Reporting Debts to Consumer Reporting Agencies