34 C.F.R. § 30.33

What procedures does the Secretary follow for IRS tax refund offsets?

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(a) If a named person owes a debt under a program or activity of the Department, the Secretary may refer the debt for offset to the Secretary of the Treasury after complying with the procedures in §§ 30.20-30.28, as modified by this section.

(b) Notwithstanding § 30.22(b), the notice sent to a debtor under § 30.22 informs the debtor that:

(1) The debt is past due;

(2) The Secretary intends to refer the debt for offset to the Secretary of Treasury;

(3) The debtor has an opportunity to:

(i) Inspect and copy Department records regarding the existence, amount, enforceability, or past-due status of the debt;

(ii) Obtain a review within the Department of the existence, amount, enforceability, or past-due status of the debt;

(iii) Enter into a written agreement with the Secretary to repay the debt; and

(4) The debtor must take an action set forth under paragraph (b)(3) by a date specified in the notice.

(c) Notwithstanding § 30.23(a), if a debtor wants to inspect and copy Department records regarding the existence, amount, enforceability, or past-due status of the debt, the debtor must:

(1) File a written request to inspect and copy the records within 20 days after the date of the notice provided under § 30.22; and

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

(d) Notwithstanding the time frame under § 30.24(a), if a debtor wants a review under that paragraph, the debtor must file a request for review at the address specified in the notice by the later of:

(1) Sixty-five days after the date of the notice provided under § 30.22;

(2) If the debtor has requested an opportunity to inspect and copy records within the time period specified in paragraph (c) of this section, 15 days after the date on which the Secretary makes available to the debtor the relevant, requested records; or

(3) If the debtor has requested a review within the appropriate time frame under paragraph (d) (1) or (2) of this section and the Secretary has provided an initial review by a guarantee agency, seven days after the date of the initial determination by the guarantee agency.

(e) Notwithstanding the time frames under § 30.24(d), a debtor shall file the documents specified under that paragraph with the request for review.

(f) Notwithstanding the time frame under § 30.27(a), a debtor must agree to repay the debt under terms acceptable to the Secretary and make the first payment due under the agreement by the latest of:

(1) The seventh day after the date of decision of the Secretary if the debtor requested a review under § 30.24;

(2) The sixty-fifth day after the date of the notice under § 30.22(b), if the debtor did not request a review under § 30.24, or an opportunity to inspect and copy records of the Department under § 30.23; or

(3) The fifteenth day after the date on which the Secretary made available relevant records regarding the debt, if the debtor filed a timely request under § 30.23(a).

(Authority: 20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31 U.S.C. 3720A)

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1989–2024 · leading case: Adeline Jones v. Lauro F. Cavazos, Sec'y, United States Dep't of Educ., in His Off. Capacity, & Richard A. Hastings, Etc., 889 F.2d 1043 (11th Cir. 1989).

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Adeline Jones v. Lauro F. Cavazos, Sec'y, United States Dep't of Educ., in His Off. Capacity, & Richard A. Hastings, Etc., 889 F.2d 1043 (11th Cir. 1989). · cites it 2× “Although section 3720A and the IRS regulations require that the taxpayer be granted at least sixty days to present evidence that the debt is not past-due or legally enforceable, the Education regulations which are sent to debtors provide for a more generous sixty-five day period.”

Educ. Credit Mgmt. Corp. v. Barnes, 318 B.R. 482 (Bankr. S.D. Ind. 2004). “Pursuant to 34 C.F.R. § 30.33 (b)(4) (and 34 C.F.R. § 683.”

Kipple v. United States, 105 Fed. Cl. 651 (Fed. Cl. 2012). · cites it 2× “34 C.F.R. § 30.33 (b) (2007). Plaintiff does not appear to challenge the sufficiency of notice.”

Career Colleges v. EDUC (5th Cir. 2024). · cites it 2× “These proceedings include, but are not limited to, the following: (i) Tax refund offset proceedings under 34 CFR 30.33. (ii) Wage garnishment proceedings under section 488A of the Act.”

Williams et.al.v. Devos (D. Mass. 2018). · cites it 2× “34 C.F.R. § 30.33 . Per the Secretary’s regulations, a request for review must identify “the debtor and the particular debt, including the debtor’s Social Security number and the program under which the debt arose” as well as an “explanation of the reasons the debtor believes…”

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