[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: 34CFR30.27]



[Page 54]

 

                           TITLE 34--EDUCATION

 

PART 30_DEBT COLLECTION--Table of Contents

 

        Subpart C_What Provisions Apply to Administrative Offset?

 

Sec.  30.27  When does the Secretary enter into a repayment agreement 

rather than offset?



    (a) If a debtor wants an opportunity to enter into a written 

agreement to repay a debt on terms acceptable to the Secretary, the 

debtor must:

    (1) File a request to enter into such agreement within 20 days after 

the date of the notice provided under Sec.  30.22; and

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

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

all information provided to the debtor in the notice under Sec.  30.22 

or Sec.  30.33(b) that identifies the debtor and the debt, including the 

debtor's Social Security number and the program under which the debt 

arose, together with any corrections of that identifying information.

    (c) If the Secretary receives a request filed in accordance with 

this section, the Secretary may enter into a written agreement requiring 

repayment in accordance with 4 CFR 102.11, instead of offsetting the 

debt.

    (d) In deciding whether to enter into the agreement, the Secretary 

may consider:

    (1) The Government's interest in collecting the debt; and

    (2) Fairness to the debtor.

    (e)(1) A debtor that enters into a repayment agreement with the 

Secretary under this section waives any right to further review by the 

Secretary of the issues relating to the original debt identified in the 

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

    (2) If a debtor breaches a repayment agreement, the Secretary may 

offset, or, under Sec.  30.30, refer to another agency for offset:

    (i) The amount owing under the agreement; or

    (ii) The entire original debt, to the extent not repaid.



(Authority: 20 U.S.C. 1221-3(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]