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Code of Federal Regulations (Last Updated: July 5, 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 34 - Administrative Wage Garnishment |
§ 34.11 - Timely request for a hearing.
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§ 34.11 Timely request for a hearing.
(a) A hearing request is timely if -
(1) You mail the request to the office designated in the garnishment notice and the request is postmarked not later than the 30th day following the date of the notice; or
(2) The designated office receives the request not later than the 30th day following the date of the garnishment notice.
(b) If we receive a timely written request from you for a hearing, we will not issue a garnishment order before we -
(1) Provide the requested hearing; and
(2) Issue a written decision on the objections you raised.
(c) If your written request for a hearing is not timely -
(1) We provide you a hearing; and
(2) We do not delay issuance of a garnishment order unless -
(i) We determine from credible representations in the request that the delay in filing the request for hearing was caused by factors over which you had no control; or
(ii) We have other good reason to delay issuing a garnishment order.
(d) If we do not complete a hearing within 60 days of an untimely request, we suspend any garnishment order until we have issued a decision.