CFR > Title 34 - Education > SUBTITLE A—Office of the Secretary, Department of Education > PART 30—DEBT COLLECTION > SUBPART C—What Provisions Apply to Administrative Offset? (§30.20 to §30.35) > 30.28—When may the Secretary offset before completing the procedures under §§ 30.22-30.27?

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

(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.

Code of Federal Regulations

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