---
kind: "section"
citation: "34 C.F.R. § 30.28"
title: "34"
number: "30.28"
heading: "When may the Secretary offset before completing the procedures under §§ 30.22-30.27?"
url: "https://uscodex.org/cfr/34/30.28"
---

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

- (a) The Secretary may offset before completing the procedures otherwise required by [§§ 30.22-30.27](/cfr/34/30.22-30.27.md) 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](/cfr/34/30.22-30.27.md).
- (b) If the Secretary offsets under [paragraph (a)](#a) of this section, the Secretary:
  - (1) Promptly completes the procedures under [§§ 30.22-30.27](/cfr/34/30.22-30.27.md) 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

### 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.