---
kind: "section"
citation: "34 C.F.R. § 34.11"
title: "34"
number: "34.11"
heading: "Timely request for a hearing."
url: "https://uscodex.org/cfr/34/34.11"
---

# §34.11. Timely request for a hearing.

- (a) **A hearing request is timely if—**
  - (1) You mail the request to the office designated in the garnishment notice and the request is postmarked not later than the 30th day following the date of the notice; or
  - (2) The designated office receives the request not later than the 30th day following the date of the garnishment notice.
- (b) If we receive a timely written request from you for a hearing, we will not issue a garnishment order before we—
  - (1) Provide the requested hearing; and
  - (2) **Issue a written decision on the objections you raised.**
- (c) If your written request for a hearing is not timely—
  - (1) We provide you a hearing; and
  - (2) **We do not delay issuance of a garnishment order unless—**
    - (i) We determine from credible representations in the request that the delay in filing the request for hearing was caused by factors over which you had no control; or
    - (ii) **We have other good reason to delay issuing a garnishment order.**
- (d) If we do not complete a hearing within 60 days of an untimely request, we suspend any garnishment order until we have issued a decision.

## Notes

### Authority

Authority: 31 U.S.C. 3720D, unless otherwise noted.

### Source

Source: 68 FR 8142, Feb. 19, 2003, unless otherwise noted.