34 CFR § 30.28 Debt Collection

§ 30.28 When may the Secretary offset before completing the procedures under §§ 30.22-30.27?

Current through Oct 8, 2026 · Read all of Part 30

(a) The Secretary may offset before completing the procedures otherwise required by §§ 30.22-30.27 if:

(1) Failure to offset would substantially prejudice the Government's ability to collect the debt; and

(2) The amount of time remaining before the payment by the United States which is subject to offset does not reasonably permit completion of the procedures under §§ 30.22-30.27.

(b) If the Secretary offsets under paragraph (a) of this section, the Secretary:

(1) Promptly completes the procedures under §§ 30.22-30.27 after initiating the offset; and

(2) Refunds any amounts recovered under the offset that are later found not to be owed to the United States.

← § 30.27 When does the Secretary enter into a repayment agreement rather than offset?§ 30.29 What procedures apply when the Secretary offsets to collect a debt owed another agency? →