[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: 34CFR32.4]

[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. 32.4  Employee response.

    (a) Voluntary repayment agreement. Within 7 days of receipt of the 
written notice under Sec. 32.3, the employee may submit a request to 
the Secretary to arrange for a voluntary repayment schedule. To arrange 
for a voluntary repayment schedule, the employee shall submit a 
financial statement and sign a written repayment agreement approved by 
the Secretary. An employee who arranges for a voluntary repayment 
schedule may nonetheless request a waiver of the overpayment under 
paragraph (b) of this section.
    (b) Waiver. An employee seeking a waiver of collection of the debt 
that is authorized by law must request the waiver in writing to the 
Secretary within 10 days of receipt of the written notice under Sec. 
32.3. The employee must state why he or she believes a waiver should be 
granted.
    (c) Involuntary repayment schedule. If the employee claims that the 
amount of the involuntary deduction will cause extreme financial 
hardship and should be reduced, he or she must submit a written 
explanation and a financial statement signed under oath or affirmation 
to the Secretary within 10 days of receipt of the written notice under 
Sec. 32.3. An employee who fails to submit this financial information 
in a timely manner waives the right to object to the involuntary 
repayment schedule at a hearing under Sec. 32.5. The Secretary notifies 
the employee, in writing, whether the Secretary will reduce the rate of 
the involuntary deduction.

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