[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: 34CFR31.3]



[Page 60-61]

 

                           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.  31.3  Pre-offset notice.



    (a) At least 65 days before initiating an offset against the pay of 

an employee, the Secretary sends a written notice to the employee 

stating--

    (1) The nature and amount of the debt;

    (2) A demand for payment of the debt;

    (3) The manner in which the Secretary charges interest, 

administrative costs, and penalties on the debt;

    (4) The Secretary's intention to collect the debt by offset 

against--

    (i) 15 percent of the employee's current disposable pay; and

    (ii) If the debt cannot be satisfied by offset against current 

disposable pay, a specified amount of severance pay, a lump sum annual 

leave payment, a final salary check, or payments from the Federal 

retirement account of the employee;

    (5) The amount, frequency, approximate beginning date and duration 

of the proposed offset;

    (6) The employee's opportunity to--

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

    (ii) Obtain a pre-offset hearing before a hearing official who is 

not under the control or supervision of the Secretary regarding the 

existence or amount of the debt, or the proposed offset schedule; and

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

debt;

    (7) The date by which the employee must request an opportunity set 

forth under paragraph (a)(6) of this section;

    (8) The grounds for objecting to collection of the debt by offset;

    (9) The applicable hearing procedures and requirements;

    (10) That the Secretary grants any request for access to records, 

for a hearing, or for a satisfactory repayment agreement made by an 

employee;

    (11) That the Secretary does not delay the start of the proposed 

offset, or suspend an offset already commenced, unless--

    (i) An employee makes the request for access to records or for a 

hearing, or enters into a repayment agreement that is acceptable to the 

Secretary, before the deadlines described in this part; or

    (ii) An employee requests a hearing after the deadlines established 

in Sec.  31.5(a), but submits evidence satisfactory to the Secretary 

that the request was not made in a timely manner because the employee 

did not have notice of the proposed offset, or was prevented from making 

the request by factors beyond his or her control, until after the 

deadlines had passed;

    (12) That a final decision on the hearing will be issued not later 

than 60 days after the date on which the employee files a request for a 

hearing under Sec.  31.5, unless a delay in the proceedings is granted 

at the request of the employee;

    (13) That submission by the employee of knowingly false statements, 

representations or evidence may subject the employee to applicable 

disciplinary procedures, or civil or criminal penalties; and

    (14) That any amounts paid or collected by offset on a debt later 

determined to be unenforceable or canceled will be refunded to the 

employee.

    (b)(1) In determining whether an employee has requested an 

opportunity set forth under paragraph (a)(6) of this section in a timely 

manner, the Secretary relies on--

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

request; or

    (ii) A legibly stamped U.S. Postal Service mail receipt for the 

employee's request.



[[Page 61]]



    (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.

    (c) Payment by offset under this part of all or part of a debt does 

not constitute an acknowledgment of the debt or a waiver of rights 

available to the employee under this part or other applicable law if the 

employee has not agreed in writing to the offset.



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