[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: 34CFR30.22]



[Page 51-52]

 

                           TITLE 34--EDUCATION

 

PART 30_DEBT COLLECTION--Table of Contents

 

        Subpart C_What Provisions Apply to Administrative Offset?

 

Sec.  30.22  What notice does the debtor receive before the commencement 

of offset?



    (a)(1) Except as provided in Sec. Sec.  30.28 and 30.29, the 

Secretary provides a debtor with written notice of the Secretary's 

intent to offset before initiating the offset.

    (2) The Secretary mails the notice to the debtor at the current 

address of the debtor, as determined by the Secretary from information 

regarding the debt maintained by the Department.

    (b) The written notice informs the debtor regarding:

    (1) The nature and amount of the debt;

    (2) The Secretary's intent to collect the debt by offset;

    (3) The debtor's opportunity to:

    (i) Inspect and copy Department records pertaining to the debt;

    (ii) Obtain a review within the Department of the existence or 

amount of the debt; and

    (iii) Enter into a written agreement with the Secretary to repay the 

debt;

    (4) The date by which the debtor must request an opportunity set 

forth under paragraph (b)(3) of this section; and

    (5) The Secretary's decision, in appropriate cases, to switch the 

debtor from advance funding to a reimbursement payment system.

    (c)(1) In determining whether a debtor has requested an opportunity 

set forth under paragraph (b)(3) of this section in a timely manner, the 

Secretary relies on:

    (i) A legibly dated U.S. Postal Service postmark for the debtor's 

request; or

    (ii) A legibly stamped U.S. Postal service mail receipt for debtor's 

request.

    (2) The Secretary does not rely on either of the following as proof 

of mailing;

    (i) A private metered postmark.

    (ii) A mail receipt that is not dated by the U.S. Postal Service.

    Note: The U.S. Postal Service does not uniformly provide a dated 

postmark. Before relying on this method for proof of mailing, a debtor 

should check with its local post office.

    (d) If a debtor previously has been notified of the Secretary's 

intent to offset or offered an opportunity to take any



[[Page 52]]



of the actions set forth in paragraph (b)(3) of this section in 

connection with the same debt, the Secretary may offset without 

providing the debtor with an additional notice of intent or opportunity 

to take any of those actions under these offset procedures.



(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3716(b))