Code of Federal Regulations · Section
§ 30.28 — When May The Secretary Offset Before Completing The Procedures Under §§ 30.22-30.27?
34 C.F.R. § 30.28
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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.
Authorizing Statute
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Collection and compromise31 U.S.C. § 3711
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Administrative offset31 U.S.C. § 3716