[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR30.1]



[Page 49-50]

 

                           TITLE 34--EDUCATION

 

PART 30_DEBT COLLECTION--Table of Contents

 

                            Subpart A_General

 

Sec.  30.1  What administrative actions may the Secretary take to collect 

a debt?









                            Subpart A_General



Sec.

30.1 What administrative actions may the Secretary take to collect a 

          debt?

30.2 On what authority does the Secretary rely to collect a debt under 

          this part?



Subpart B [Reserved]



        Subpart C_What Provisions Apply to Administrative Offset?



                        General Offset Procedures



30.20 To what do Sec. Sec.  30.20-30.31 apply?

30.21 When may the Secretary offset a debt?

30.22 What notice does the debtor receive before the commencement of 

          offset?

30.23 How must a debtor request an opportunity to inspect and copy 

          records relating to a debt?

30.24 What opportunity does the debtor receive to obtain a review of the 

          existence or amount of a debt?

30.25 How may a debtor obtain an oral hearing?

30.26 What special rules apply to an oral hearing?

30.27 When does the Secretary enter into a repayment agreement rather 

          than offset?

30.28 When may the Secretary offset before completing the procedures 

          under Sec. Sec.  30.22-30.27?

30.29 What procedures apply when the Secretary offsets to collect a debt 

          owed another agency?

30.30 What procedures apply when the Secretary requests another agency 

          to offset a debt owed under a program or activity of the 

          Department?

30.31 How does the Secretary apply funds recovered by offset if multiple 

          debts are involved?



                    IRS Tax Refund Offset Procedures



30.33 What procedures does the Secretary follow for IRS tax refund 

          offsets?



      Procedures for Reporting Debts to Consumer Reporting Agencies



30.35 What procedures does the Secretary follow to report debts to 

          consumer reporting agencies?



Subpart D [Reserved]



    Subpart E_What Costs and Penalties Does the Secretary Impose on 

                           Delinquent Debtors?



30.60 What costs does the Secretary impose on delinquent debtors?

30.61 What penalties does the Secretary impose on delinquent debtors?

30.62 When does the Secretary forego interest, administrative costs, or 

          penalties?



  Subpart F_What Requirements Apply to the Compromise of a Debt or the 

             Suspension or Termination of Collection Action?



30.70 How does the Secretary exercise discretion to compromise a debt or 

          to suspend or terminate collection of a debt?



Subpart G [Reserved]



    Authority: 20 U.S.C. 1221e-3(a)(1), and 1226a-1, 31 U.S.C. 3711(e), 

31 U.S.C. 3716(b) and 3720A, unless otherwise noted.



    Source: 51 FR 24099, July 1, 1986, unless otherwise noted.







    (a) The Secretary may take one or more of the following actions to 

collect a debt owed to the United States:

    (1) Collect the debt under the procedures authorized in the 

regulations in this part.

    (2) Refer the debt to the General Accounting Office for collection.

    (3) Refer the debt to the Department of Justice for compromise, 

collection, or litigation.

    (4) Take any other action authorized by law.

    (b) In taking any of the actions listed in paragraph (a) of this 

section, the Secretary complies with the requirements of the Federal 

Claims Collection



[[Page 50]]



Standards (FCCS) at 4 CFR parts 101-105 that are not inconsistent with 

the requirements of this part.

    (c) The Secretary may--

    (1) Collect the debt under the offset procedures in subpart C of 

this part;

    (2) Report a debt to a consumer reporting agency under the 

procedures in subpart C of this part;

    (3) Charge interest on the debt as provided in the FCCS;

    (4) Impose upon a debtor a charge based on the costs of collection 

as determined under subpart E of this part;

    (5) Impose upon a debtor a penalty for failure to pay a debt when 

due under subpart E of this part;

    (6) Compromise a debt, or suspend or terminate collection of a debt, 

under subpart F of this part;

    (7) Take any other actions under the procedures of the FCCS in order 

to protect the United States Government's interests; or

    (8) Use any combination of the procedures listed in this paragraph 

(c) as may be appropriate in a particular case.



(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3711(e))



[53 FR 33425, Aug. 30, 1988]