34 C.F.R. § 30.28

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

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(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.

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

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: Kipple v. United States, 105 Fed. Cl. 651 (Fed. Cl. 2012).

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Kipple v. United States, 105 Fed. Cl. 651 (Fed. Cl. 2012). · cites it 3× “Plaintiff seems to concede that the DOE satisfied its notice requirement after offset pursuant to 34 C.F.R. § 30.28 . Id. at 26-27 . While 34 C.”

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