[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: 34CFR30.2]



[Page 50]

 

                           TITLE 34--EDUCATION

 

PART 30_DEBT COLLECTION--Table of Contents

 

                            Subpart A_General

 

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

under this part?



    (a)(1) The Secretary takes an action referred to under Sec.  30.1(a) 

in accordance with--

    (i) 31 U.S.C. chapter 37, subchapters I and II;

    (ii) Other applicable statutory authority; or

    (iii) The common law.

    (2) If collection of a debt in a particular case is not authorized 

under one of the authorities described in paragraph (a)(1) of this 

section, the Secretary may collect the debt under any other available 

authority under which collection is authorized.

    (b) The Secretary does not use a procedure listed in Sec.  30.1(c) 

to collect a debt, or a certain type of debt, if--

    (1) The procedure is specifically prohibited under a Federal 

statute; or

    (2) A separate procedure other than the procedure described under 

Sec.  30.1(c) is specifically required under--

    (i) A contract, grant, or other agreement;

    (ii) A statute other than 31 U.S.C. 3716; or

    (iii) Other regulations.



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



[53 FR 33425, Aug. 30, 1988]



Subpart B [Reserved]