[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: 34CFR30.25]



[Page 53]

 

                           TITLE 34--EDUCATION

 

PART 30_DEBT COLLECTION--Table of Contents

 

        Subpart C_What Provisions Apply to Administrative Offset?

 

Sec.  30.25  How may a debtor obtain an oral hearing?



    (a) If a debtor wants the Secretary to conduct the review requested 

under Sec.  30.24 as an oral hearing, the debtor must file a written 

request for an oral hearing together with the request for review filed 

under Sec.  30.24(a).

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

the following in addition to the information filed under Sec.  30.24(b):

    (1) An explanation of reason(s) why the debtor believes the 

Secretary cannot resolve the issues identified in the notice under Sec.  

30.22(b)(3)(ii) or Sec.  30.33(b)(3)(ii) through a review of the 

documentary evidence.

    (2) An identification of:

    (i) The individuals that the debtor wishes to have testify at the 

oral hearing;

    (ii) The specific issues identified in the notice regarding which 

each individual is prepared to testify; and

    (iii) The reasons why each individual's testimony is necessary to 

resolve the issue.

    (c) The Secretary grants a debtor's request for an oral hearing 

regarding the issues identified in the notice under Sec.  

30.22(b)(3)(ii) or Sec.  30.33(b)(3)(ii) only if:

    (1)(i) A statute authorizes or requires the Secretary to consider 

waiver of the indebtedness involved;

    (ii) The debtor files a request for waiver of the indebtedness with 

the request for review filed under paragraph (a)(1) of this section; and

    (iii) The question of waiver of the indebtedness turns on an issue 

of credibility or veracity; or

    (2) The Secretary determines that the issues identified in the 

notice under Sec.  30.22(b)(3)(ii) or Sec.  30.33(b)(3)(ii) cannot be 

resolved by review of only the documentary evidence.

    (d) Notwithstanding paragraph (b) of this section, the Secretary may 

deny oral hearings for a class of similar debts if:

    (1) The issues identified in the notice under Sec.  30.22(b)(3)(ii) 

or 30.33(b)(3)(ii) for which an oral hearing was requested, or the issue 

of waiver, rarely involve issues of credibility or veracity; and

    (2) The Secretary determines that review of the documentary evidence 

is ordinarily an adequate means to correct mistakes.

    (e) The Secretary may decline to consider any reasons that the 

debtor fails to provide in accordance with paragraph (b)(1) of this 

section.



(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]