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Code of Federal Regulations Title 34. Education § 34.30.21 When may the Secretary offset a debt?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) The Secretary may offset a debt if:

(1) The debt is liquidated or certain in amount;  and

(2) Offset is feasible and not otherwise prohibited.

(b)(1) Whether offset is feasible is determined by the Secretary in the exercise of sound discretion on a case-by-case basis, either:

(i) For each individual debt or offset;  or

(ii) For each class of similar debts or offsets.

(2) The Secretary considers the following factors in making this determination:

(i) Whether offset can be practically and legally accomplished.

(ii) Whether offset will further and protect the interests of the United States.

(c) The Secretary may switch advance funded grantees to a reimbursement payment system before initiating an offset.

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

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Cite this article: FindLaw.com - Code of Federal Regulations Title 34. Education § 34.30.21 When may the Secretary offset a debt? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-34-education/cfr-sect-34-30-21/

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