[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: 34CFR30.24]



[Page 52-53]

 

                           TITLE 34--EDUCATION

 

PART 30_DEBT COLLECTION--Table of Contents

 

        Subpart C_What Provisions Apply to Administrative Offset?

 

Sec.  30.24  What opportunity does the debtor receive to obtain a review 

of the existence or amount of a debt?



    (a) If a debtor wants a review within the Department of the issues 

identified in the notice under Sec.  30.22(b)(3)(ii) or Sec.  

30.33(b)(3)(ii), the debtor must:

    (1) File a request for review within 20 days after the date of the 

notice provided under Sec.  30.22; and

    (2) File a request at the address specified in that notice.

    (b) A request filed under paragraph (a) of this section must 

contain:

    (1) All information provided to the debtor in the notice under Sec.  

30.22 or Sec.  30.33(b) that identifies the debtor and the particular 

debt, including the debtor's Social Security number and the program 

under which the debt arose, together with any corrections of that 

identifying information; and

    (2) An explanation of the reasons the debtor believes that the 

notice the debtor received under Sec.  30.22 or Sec.  30.33(b) 

inaccurately states any facts or conclusions relating to the debt.

    (c) The Secretary may decline to provide an opportunity for review 

of a debt if the debtor fails to request the review in accordance with 

this section.

    (d)(1) The debtor shall:

    (i) File copies of any documents relating to the issues identified 

in the notice under Sec.  30.22(b)(3)(ii) or Sec.  30.33(b)(3)(ii) that 

the debtor wishes the Secretary to consider in the review;

    (ii) File the documents at the address specified in that notice, and

    (iii) File the documents no later than:

    (A) 20 days after the date of the notice provided under Sec.  30.22; 

or

    (B) If the debtor has requested an opportunity to inspect and copy 

records under Sec.  30.23 within the time period specified in that 

section, 15 days after the date on which the Secretary makes available 

to the debtor the relevant, requested records.

    (2) The Secretary may decline to consider any reasons or documents 

that the debtor fails to provide in accordance with paragraphs (b) and 

(d) of this section.

    (e) If the Secretary bases the review on only the documentary 

evidence, the Secretary:

    (1) Reviews the documents submitted by the debtor and other relevant 

evidence; and

    (2) Notifies the debtor in writing of the Secretary's decision 

regarding the issues identified in the notice under Sec.  

30.22(b)(3)(ii) or Sec.  30.33(b)(3)(ii) and, if



[[Page 53]]



appropriate, the question of waiver of the debt.



(Approved by the Office of Management and Budget under control number 

1880-0515)



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



[51 FR 24099, July 1, 1986, as amended at 51 FR 35647, Oct. 7, 1986]