[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: 34CFR31.10]



[Page 65]

 

                           TITLE 34--EDUCATION

 

PART 31_SALARY OFFSET FOR FEDERAL EMPLOYEES WHO ARE INDEBTED TO THE 

UNITED STATES UNDER PROGRAMS ADMINISTERED BY THE SECRETARY OF EDUCATION

--Table of Contents

 

Sec.  31.10  Request for repayment agreement.



    (a) The Secretary does not initiate an offset under this part if the 

employee agrees in writing to repay the debt under terms acceptable to 

the Secretary and makes the first payment due under the agreement on or 

before the latest of--

    (1) The seventh day after the date of the decision of the hearing 

official, if the employee timely requested a hearing under Sec.  31.5 

(a) and (d);

    (2) The sixty-fifth day after the date of the pre-offset notice 

under Sec.  31.3 if the employee did not timely request either a hearing 

in accordance with Sec.  31.5 (a) and (d) or an opportunity to inspect 

and copy documents related to the debt under Sec.  31.4; or

    (3) The fifteenth day after the date on which the Secretary made 

available documents related to the debt, if the employee filed a timely 

request for documents under Sec.  31.4.

    (b) In the agreement, the Secretary and the employee may agree to 

satisfaction of the debt from sources other than an offset under this 

part, or may modify the amount proposed to be offset in the pre-offset 

notice or estimated in the decision of the hearing official.

    (c) If the employee does not enter into a repayment agreement 

acceptable to the Secretary within the deadlines in this section, the 

Secretary may initiate an offset under this part. The Secretary 

continues to collect by offset until an employee enters in a 

satisfactory repayment agreement for the debt. The Secretary suspends an 

offset already commenced under circumstances described in Sec.  

31.5(a)(2).



(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)