[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: 34CFR32.3]

[Page 67]
 
                           TITLE 34--EDUCATION
 
PART 32_SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES 
FROM DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents
 
Sec. 32.3  Pre-offset notice.

    At least 30 days before initiating a deduction from the disposable 
pay of an employee to recover an overpayment of pay or allowances, the 
Secretary sends a written notice to the employee stating--
    (a) The origin, nature and amount of the overpayment;
    (b) How interest is charged and administrative costs and penalties 
will be assessed, unless excused under 31 U.S.C. 3716;
    (c) A demand for repayment, providing for an opportunity for the 
employee to enter into a written repayment agreement with the 
Department;
    (d) Where a waiver of repayment is authorized by law, the employee's 
right to request a waiver;
    (e) The Department's intention to deduct 15 percent of the 
employee's disposable pay, or a specified amount if the disposable pay 
is severance pay and/or a lump sum annual leave payment, to recover the 
overpayment if a waiver is not granted by the Secretary and the employee 
fails to repay the overpayment or enter into a written repayment 
agreement;
    (f) The amount, frequency, approximate beginning date and duration 
of the intended deduction;
    (g) If Government records on which the determination of overpayment 
are not attached, how those records will be made available to the 
employee for inspection and copying;
    (h) The employee's right to request a pre-offset hearing concerning 
the existence or amount of the overpayment or an involuntary repayment 
schedule;
    (i) The applicable hearing procedures and requirements, including a 
statement that a timely petition for hearing will stay commencement of 
collection proceedings and that a final decision on the hearing will be 
issued not later than 60 days after the hearing petition is filed, 
unless a delay is requested and granted;
    (j) That any knowingly false or frivolous statements, 
representations or evidence may subject the employee to applicable 
disciplinary procedures, civil or criminal penalties; and
    (k) That where amounts paid or deducted are later waived or found 
not owed, unless otherwise provided by law, they will be promptly 
refunded to the employee.

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