34 C.F.R. § 34.16
Issuance of the hearing decision
(a) Date of decision. The hearing official issues a written opinion stating his or her decision, as soon as practicable, but not later than 60 days after the date on which we received the request for hearing.
(b) If we do not provide you with a hearing and render a decision within 60 days after we receive your request for a hearing—
(1) We do not issue a garnishment order until the hearing is held and a decision rendered; or
(2) If we have already issued a garnishment order to your employer, we suspend the garnishment order beginning on the 61st day after we receive the hearing request until we provide a hearing and issue a decision.
Notes of Decisions
Cited in 1
case, 2020–2020 · leading case: Pine v. Dep't of Educ. (E.D. Pa. 2020).
Pine v. Dep't of Educ. (E.D. Pa. 2020). “Within sixty days of the close of the hearing the Department issues a written decision on the matter, 34 C.F.R. §§ 34.16 (a), 34.17(a), which is then able to be appealed for judicial review under the Administrative Procedure Act.”
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