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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 34 - Education |
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Subtitle A - Office of the Secretary, Department of Education |
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Part 30 - Debt Collection |
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Subpart C - What Provisions Apply to Administrative Offset? |
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General Offset Procedures |
§ 30.21 - When may the Secretary offset a debt?
Latest version.
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§ 30.21 When may the Secretary offset a debt?
(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.