---
kind: "section"
citation: "34 C.F.R. § 30.25"
title: "34"
number: "30.25"
heading: "How may a debtor obtain an oral hearing?"
url: "https://uscodex.org/cfr/34/30.25"
---

# §30.25. How may a debtor obtain an oral hearing?

- (a) If a debtor wants the Secretary to conduct the review requested under [§ 30.24](/cfr/34/30.24.md) as an oral hearing, the debtor must file a written request for an oral hearing together with the request for review filed under [§ 30.24(a)](/cfr/34/30.24.md?p=a).
- (b) A request filed under [paragraph (a)](#a) of this section must contain the following in addition to the information filed under [§ 30.24(b)](/cfr/34/30.24.md?p=b):
  - (1) An explanation of reason(s) why the debtor believes the Secretary cannot resolve the issues identified in the notice under [§ 30.22(b)(3)(ii)](/cfr/34/30.22.md?p=b-3-ii) or [§ 30.33(b)(3)(ii)](/cfr/34/30.33.md?p=b-3-ii) through a review of the documentary evidence.
  - (2) **An identification of—**
    - (i) The individuals that the debtor wishes to have testify at the oral hearing;
    - (ii) The specific issues identified in the notice regarding which each individual is prepared to testify; and
    - (iii) **The reasons why each individual's testimony is necessary to resolve the issue.**
- (c) The Secretary grants a debtor's request for an oral hearing regarding the issues identified in the notice under [§ 30.22(b)(3)(ii)](/cfr/34/30.22.md?p=b-3-ii) or [§ 30.33(b)(3)(ii)](/cfr/34/30.33.md?p=b-3-ii) only if:
  - (1)
    - (i) A statute authorizes or requires the Secretary to consider waiver of the indebtedness involved;
    - (ii) The debtor files a request for waiver of the indebtedness with the request for review filed under paragraph (a)(1) of this section; and
    - (iii) The question of waiver of the indebtedness turns on an issue of credibility or veracity; or
  - (2) The Secretary determines that the issues identified in the notice under [§ 30.22(b)(3)(ii)](/cfr/34/30.22.md?p=b-3-ii) or [§ 30.33(b)(3)(ii)](/cfr/34/30.33.md?p=b-3-ii) cannot be resolved by review of only the documentary evidence.
- (d) Notwithstanding [paragraph (b)](#b) of this section, the Secretary may deny oral hearings for a class of similar debts if:
  - (1) The issues identified in the notice under § [30.22(b)(3)(ii)](/cfr/34/30.22.md?p=b-3-ii) or [30.33(b)(3)(ii)](/cfr/34/30.33.md?p=b-3-ii) for which an oral hearing was requested, or the issue of waiver, rarely involve issues of credibility or veracity; and
  - (2) The Secretary determines that review of the documentary evidence is ordinarily an adequate means to correct mistakes.
- (e) The Secretary may decline to consider any reasons that the debtor fails to provide in accordance with [paragraph (b)(1)](#b-1) of this section.

## Notes

### Amendments

[51 FR 24099, July 1, 1986, as amended at 51 FR 35647, Oct. 7, 1986]

### Authority

Authority: 20 U.S.C. 1221e-3(a)(1), and 1226a-1, 31 U.S.C. 3711(e), 31 U.S.C. 3716(b) and 3720A, unless otherwise noted.

### Source

Source: 51 FR 24099, July 1, 1986, unless otherwise noted.

### Amendments

[51 FR 24099, July 1, 1986, as amended at 51 FR 35647, Oct. 7, 1986]