[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: 34CFR34.13]



[Page 90-91]

 

                           TITLE 34--EDUCATION

 

PART 34_ADMINISTRATIVE WAGE GARNISHMENT--Table of Contents

 

Sec.  34.13  Conduct of a hearing.



    (a)(1) A hearing official conducts any hearing under this part.

    (2) The hearing official may be any qualified employee of the 

Department whom the Department designates to conduct the hearing.

    (b)(1) The hearing official conducts any hearing as an informal 

proceeding.

    (2) A witness in an oral hearing must testify under oath or 

affirmation.

    (3) The hearing official maintains a summary record of any hearing.

    (c) Before the hearing official considers evidence we obtain that 

was not included in the debt records available for inspection when we 

sent notice of proposed garnishment, we notify you that additional 

evidence has become available, may be considered by the hearing 

official, and is available for inspection or copying.

    (d) The hearing official considers any objection you raise and 

evidence you submit--

    (1) In or with the request for a hearing;

    (2) During an oral hearing;

    (3) By the date that we consider, under Sec.  34.9(e), that a 

request for an oral hearing has been withdrawn; or

    (4) Within a period we set, ordinarily not to exceed seven business 

days, after--

    (i) We provide you access to our records regarding the debt, if you 

requested access to records within 20 days after the date of the notice 

under Sec.  34.4;



[[Page 91]]



    (ii) We notify you that we have obtained and intend to consider 

additional evidence;

    (iii) You request an extension of time in order to submit specific 

relevant evidence that you identify to us in the request; or

    (iv) We notify you that we deny your request for an oral hearing.



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