34 C.F.R. § 30.24 : Education — OFFICE OF THE SECRETARY, DEPARTMENT OF EDUCATION — DEBT COLLECTION — WHAT PROVISIONS APPLY TO ADMINISTRATIVE OFFSET? —GENERAL OFFSET PROCEDURES — What opportunity does the debtor receive to obtain a review of the existence or amount of a debt?

(a) If a debtor wants a review within the Department of the issues identified in the notice under §30.22(b)(3)(ii) or §30.33(b)(3)(ii), the debtor must:

(1) File a request for review within 20 days after the date of the notice provided under §30.22; and

(2) File a request at the address specified in that notice.

(b) A request filed under paragraph (a) of this section must contain:

(1) All information provided to the debtor in the notice under §30.22 or §30.33(b) that identifies the debtor and the particular debt, including the debtor's Social Security number and the program under which the debt arose, together with any corrections of that identifying information; and

(2) An explanation of the reasons the debtor believes that the notice the debtor received under §30.22 or §30.33(b) inaccurately states any facts or conclusions relating to the debt.

(c) The Secretary may decline to provide an opportunity for review of a debt if the debtor fails to request the review in accordance with this section.

(d)

(1) The debtor shall:

(i) File copies of any documents relating to the issues identified in the notice under §30.22(b)(3)(ii) or §30.33(b)(3)(ii) that the debtor wishes the Secretary to consider in the review;

(ii) File the documents at the address specified in that notice, and

(iii) File the documents no later than:

(A) 20 days after the date of the notice provided under §30.22; or

(B) If the debtor has requested an opportunity to inspect and copy records under §30.23 within the time period specified in that section, 15 days after the date on which the Secretary makes available to the debtor the relevant, requested records.

(2) The Secretary may decline to consider any reasons or documents that the debtor fails to provide in accordance with paragraphs (b) and (d) of this section.

(e) If the Secretary bases the review on only the documentary evidence, the Secretary:

(1) Reviews the documents submitted by the debtor and other relevant evidence; and

(2) Notifies the debtor in writing of the Secretary's decision regarding the issues identified in the notice under §30.22(b)(3)(ii) or §30.33(b)(3)(ii) and, if appropriate, the question of waiver of the debt.

34 C.F.R. § 30.24

Authority: 20 U.S.C. 1221e - 3(a)(1) and 1226a-1, 31 U.S.C. 3716(b)

51 FR 24099, 7/1/1986, as amended at 51 FR 35647, 10/7/1986

Approved by the Office of Management and Budget under control number 1880-0515