[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: 34CFR34.11]



[Page 90]

 

                           TITLE 34--EDUCATION

 

PART 34_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  34.11  Timely request for a hearing.



    (a) A hearing request is timely if--

    (1) You mail the request to the office designated in the garnishment 

notice and the request is postmarked not later than the 30th day 

following the date of the notice; or

    (2) The designated office receives the request not later than the 

30th day following the date of the garnishment notice.

    (b) If we receive a timely written request from you for a hearing, 

we will not issue a garnishment order before we--

    (1) Provide the requested hearing; and

    (2) Issue a written decision on the objections you raised.

    (c) If your written request for a hearing is not timely--

    (1) We provide you a hearing; and

    (2) We do not delay issuance of a garnishment order unless--

    (i) We determine from credible representations in the request that 

the delay in filing the request for hearing was caused by factors over 

which you had no control; or

    (ii) We have other good reason to delay issuing a garnishment order.

    (d) If we do not complete a hearing within 60 days of an untimely 

request, we suspend any garnishment order until we have issued a 

decision.



(Authority: 31 U.S.C. 3720D)