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Student Loan Law: Listing of Provisions, Source, and Authority

TITLE 34—EDUCATION

SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION

CHAPTER VI—OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION

PART 674—FEDERAL PERKINS LOAN PROGRAM

SUBPART B—TERMS OF LOANS

34 C.F.R. sec.

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674.33 Repayment.

Student Loan Law: 34 C.F.R. § 674.52 Cancellation procedures.

(a) Application for cancellation. To qualify for cancellation of a loan, a borrower shall submit to the institution to which the loan is owed, by the date that the institution establishes, both a written request for cancellation and any documentation required by the institution to demonstrate that the borrower meets the conditions for the cancellation requested.

(b) Part-time employment.

Student Loan Law: 34 C.F.R. § 674.33 Repayment.

(a) Repayment Plan.

(1) The institution shall establish a repayment plan before the student ceases to be at least a half-time regular student.

(2) If the last scheduled payment would be $25 or less the institution may combine it with the next-to-last repayment.

Student Loan Law: 34 C.F.R. § 674.39 Loan rehabilitation.

(a) Each institution must establish a loan rehabilitation program for all borrowers for the purpose of rehabilitating defaulted loans made under this part, except for loans for which a judgment has been secured or loans obtained by fraud for which the borrower has been convicted of, or has pled nolo contendere or guilty to, a crime involving fraud in obtaining title IV, HEA program assistance. The institution’s loan rehabilitation program must provide that—

Student Loan Law: 34 C.F.R. § 674.38 Deferment procedures.

(a)(1) Except as provided in paragraph (a)(5)of this section, a borrower must request the deferment and provide the institution with all information and documents required by the institution by the date that the institution establishes.

Student Loan Law: 34 C.F.R. § 674.50 Assignment of defaulted loans to the United States.

(a) An institution may submit a defaulted loan note to the Secretary for assignment to the United States if—

(1) The institution has been unable to collect on the loan despite complying with the diligence procedures, including at least a first level collection effort as described in § 674.45(a) and litigation, if required under § 674.46(a), to the extent these actions were required by regulations in effect on the date the loan entered default;

Student Loan Law: 34 C.F.R. § 674.51 Special definitions.

The following definitions apply to this Subpart:

(a) Academic year or its equivalent for elementary and secondary schools and special education:

(1) One complete school year, or two half years from different school years, excluding summer sessions, that are complete and consecutive and generally fall within a 12-month period.

Student Loan Law: Listing of Provisions, Source, and Authority

TITLE 34—EDUCATION

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDUCATION

PART 30—DEBT COLLECTION

SUBPART A—GENERAL

34 C.F.R. sec.

30.1 What administrative actions may the Secretary take to collect a debt?

30.2 On what authority does the Secretary rely to collect a debt under this part?

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Student Loan Law: 34 C.F.R. § 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

Student Loan Law: 34 C.F.R. § 30.22 What notice does the debtor receive before the commencement of offset?

(a)(1) Except as provided in §§ 30.28 and 30.29, the Secretary provides a debtor with written notice of the Secretary’s intent to offset before initiating the offset.

(2) The Secretary mails the notice to the debtor at the current address of the debtor, as determined by the Secretary from information regarding the debt maintained by the Department.

(b) The written notice informs the debtor regarding:

Student Loan Law: 34 C.F.R. § 30.24 What opportunity does the debtor receive to obtain a review of the existence or amount of a debt?

(a) If a debtor wants a review within the Department of the issues identified in the notice under § 30.22(b)(3)(ii) or § 30.33(b)(3)(ii), the debtor must:

(1) File a request for review within 20 days after the date of the notice provided under § 30.22; and

(2) File a request at the address specified in that notice.

(b) A request filed under paragraph (a) of this section must contain:

Student Loan Law: 34 C.F.R. § 30.25 How may a debtor obtain an oral hearing?

(a) If a debtor wants the Secretary to conduct the review requested under § 30.24 as an oral hearing, the debtor must file a written request for an oral hearing together with the request for review filed under § 30.24(a).

(b) A request filed under paragraph (a) of this section must contain the following in addition to the information filed under § 30.24(b):

Student Loan Law: 34 C.F.R. § 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.

Student Loan Law: Listing of Provisions, Source, and Authority

TITLE 34—EDUCATION

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDUCATION

PART 30—DEBT COLLECTION

SUBPART C—WHAT PROVISIONS APPLY TO ADMINISTRATIVE OFFSET? GENERAL OFFSET PROCEDURES

34 C.F.R. sec.

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30.33. What procedures does the Secretary follow for IRS tax refund offsets?

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