[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: 34CFR32.4]



[Page 67]

 

                           TITLE 34--EDUCATION

 

PART 32_SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES FROM 

DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents

 

Sec.  32.4  Employee response.



    (a) Voluntary repayment agreement. Within 7 days of receipt of the 

written notice under Sec.  32.3, the employee may submit a request to 

the Secretary to arrange for a voluntary repayment schedule. To arrange 

for a voluntary repayment schedule, the employee shall submit a 

financial statement and sign a written repayment agreement approved by 

the Secretary. An employee who arranges for a voluntary repayment 

schedule may nonetheless request a waiver of the overpayment under 

paragraph (b) of this section.

    (b) Waiver. An employee seeking a waiver of collection of the debt 

that is authorized by law must request the waiver in writing to the 

Secretary within 10 days of receipt of the written notice under Sec.  

32.3. The employee must state why he or she believes a waiver should be 

granted.

    (c) Involuntary repayment schedule. If the employee claims that the 

amount of the involuntary deduction will cause extreme financial 

hardship and should be reduced, he or she must submit a written 

explanation and a financial statement signed under oath or affirmation 

to the Secretary within 10 days of receipt of the written notice under 

Sec.  32.3. An employee who fails to submit this financial information 

in a timely manner waives the right to object to the involuntary 

repayment schedule at a hearing under Sec.  32.5. The Secretary notifies 

the employee, in writing, whether the Secretary will reduce the rate of 

the involuntary deduction.



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