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

34 C.F.R. § 30.28

(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.
Notes, amendments, and revision history

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.