34 C.F.R. § 34.11

Current through May 31, 2024
Section 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.

34 C.F.R. §34.11

Authority: 31 U.S.C. 3720D