Title 34--EDUCATION
Chapter


by the Secretary to collect debts by administrative offset. (ii) The Secretary uses the procedures established under other regulations, including Sec. 30.33,...


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)...


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,...


the debt, the debtor must: (1) File a written request to inspect and copy the documents within 20 days after the date of the notice provided under Sec. 30.22; and ...


identified in the notice under Sec. 30.22(b)(3)(ii) or Sec. 30.33(b)(3)(ii), the debtor must: (1) File a request for review within 20 days after the date of...


a written request for an oral hearing together with the request for review filed under Sec. 30.24(a). (b) A request filed under paragraph (a) of this section must...


law. (b) If the Secretary grants an oral hearing, the Secretary notifies the debtor in writing of: [[Page 54]] (1) The time and place for the hearing; ...


debt on terms acceptable to the Secretary, the debtor must: (1) File a request to enter into such agreement within 20 days after the date of the notice provided under...


by Secs. 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...


if: (a) An official of that agency certifies in writing: (1) That the debtor owes a debt to the United States; (2) The amount of the debt; and (3)...


Federal agency to offset a debt owed under a program or activity of the Department if the Secretary certifies in writing to the other Federal agency: (1) That...


the Secretary applies the recovered funds to satisfy those debts based on the Secretary's determination of the best interests of the United States, determined by the...


Secretary may refer the debt for offset to the Secretary of the Treasury after complying with the procedures in Secs. 30.20- 30.28, as modified by this section. ...


program or activity of the Department and held by the Department to consumer reporting agencies, in accordance with the procedures described in this section. (2) The...


(a) The Secretary may charge a debtor for the costs associated with the collection of a particular debt. These costs include, but are not limited to-- ...


or portion of a debt, within 90 days after the date specified in the first demand for payment sent to the debtor, the Secretary imposes a penalty on the debtor. ...


on a loan, the Secretary may refrain from collecting interest or charging administrative costs or penalties to the extent that compromise of these amounts is...


a debt? (a) The Secretary uses the standards in the FCCS, 4 CFR part 103, to determine whether compromise of a debt is appropriate if-- (1) The debt must...


disposable pay of a current or former Federal employee or from amounts payable from the Federal retirement account of a former Federal employee to recover a debt owed...


including the U.S. Postal Service and the U.S. Postal Rate Commission; (2) A military department as defined in 5 U.S.C. 102; (3) An agency or court in the judicial...


a written notice to the employee stating-- (1) The nature and amount of the debt; (2) A demand for payment of the debt; (3) The manner in which the...


offset under this part those Department documents that relate to the debt, if the employee-- (1) Files a written request to inspect and copy the documents within...


on the existence, amount, or enforceability of the debt described in the pre-offset notice provided under Sec. 31.3, or on the amount or frequency of the offsets as...


the time, date, and location of the hearing. The Secretary selects, to the extent feasible, the location that is most convenient for the employee. (b) For a current...


hearing official who is neither an employee of the Department nor otherwise under the supervision or control of the Secretary. (b) Lack of subpoena authority or...


the debt described in the pre-offset under Sec. 31.3 is owed by the employee, or whether the employee has established that the debt is not enforceable by offset, the...


which the employee filed a request for a hearing under Sec. 31.5, unless a delay in the proceedings has been granted at the request of the employee. In the opinion, the...


in writing to repay the debt under terms acceptable to the Secretary and makes the first payment due under the agreement on or before the latest of-- (1) The...


(1) The offset schedule proposed in the pre-offset notice, unless modified by agreement or by the decision of a hearing official; (2) A written repayment...


or former employee of the Department of Education to recover overpayments of pay or allowances. (b) This part does not apply to-- (1) Recovery through offset of...


from an employee's pay after required deductions for Federal, State, and local income taxes; Social Security taxes, including Medicare taxes; Federal retirement...


Secretary sends a written notice to the employee stating-- (a) The origin, nature and amount of the overpayment; (b) How interest is charged and administrative costs...


the Secretary to arrange for a voluntary repayment schedule. To arrange for a voluntary repayment schedule, the employee shall submit a financial statement and sign a...


a pre- offset hearing. The pre-offset hearing does not review: (1) The denial of a waiver of repayment under 5 U.S.C. 5584; (2) The involuntary repayment schedule...


wishes a pre-offset hearing must request the hearing within 15 days of receipt of the written notice given under Sec. 32.3. The Secretary waives the 15-day requirement if...


documentation submitted, explain their case. The employee may testify on his or her own behalf, subject to cross examination. Other witnesses may be called to testify only...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR32.8] [Page 69] TITLE 34--EDUCATION PART 32--SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES FROM DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents Sec. 32.8 Pre-offset hearing on the written submissions. If a hearing is to be held on the written submissions, the hearing official reviews the records and responses submitted by the Secretary and the employee under Sec. 32.6. (Authority: 5 U.S.C. 5514; 31 U.S.C. 3716) ...


analysis, findings and conclusions as to the amount of the debt and the repayment schedule within 60 days of filing of the employee's request for a pre-offset...


disposable pay, the debt must be collected in installment deductions at officially established pay intervals in the amount established under: (1) A voluntary...


law (31 U.S.C. 3809) requires each Federal department head to promulgate regulations necessary to implement the provisions of the statute. (Authority: 31...


U.S.C. 3801(a)(7)(A)) Benefits, as used in the definition of ``statement,'' means anything of value, including but no limited to any advantage, preference,...


any written statement which asserts a material fact which is false, fictitious, or fraudulent; (iii) Includes or is supported by any written statement that: (A) Omits...


the authority under which the subpoena is issued and must identify the records or documents sought; (2) The investigating official may designate a person to act on...


33.3 of this part, the reviewing official transmits to the Attorney General a written notice of the reviewing official's intention to issue a complaint under Sec. 33.7. ...


in 31 U.S.C. 3803(b)(1); and (2) In the case of allegations of liability under Sec. 33.3(a) with respect to a claim, the reviewing official determines that, with...


Sec. 33.8. (b) The complaint must state: (1) The allegations of liability against the defendant, including the statutory basis for liability, an identification of...


(b) Proof of service, stating the name and address of the person on whom the complaint was served, and the manner and date of service, may be made by: (1)...


defendant: (1) Shall admit or deny each of the allegations of liability made in the complaint; (2) Shall state any defense on which the defendant intends to rely; ...


the complaint, the ALJ shall promptly serve on defendant in the manner prescribed in Sec. 33.8, a notice that an initial decision will be issued under this section. (c)...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR33.11] [Page 76] TITLE 34--EDUCATION PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 33.11 Referral of complaint and answer to the ALJ. Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ. (Authority: 31 U.S.C. 3803(d)(2); 3809) ...


a copy of the notice to the representative for the Government. (b) The notice must include: (1) The tentative time and place, and the nature of the hearing; (2)...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR33.13] [Page 77] TITLE 34--EDUCATION PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 33.13 Parties to the hearing. (a) The parties to the hearing are the defendant and the Department. (b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the False Claims Act may participate in these proceedings to the extent authorized by the provisions of that Act. (Authority: 31 U.S.C. 3803(g)(2)) ...


case or a factually related case: (1) Participate in the hearing as the ALJ; (2) Participate or advise in the initial decision or the review of the initial decision...


provision does not prohibit a person or party from inquiring about the status of a case or asking routine questions concerning administrative functions...


a reviewing official or an ALJ. That motion must be accompanied by an affidavit alleging personal bias or other reason for disqualification. (c) The motion and affidavit...


by the ALJ: (c) Conduct discovery under Sec. 33.21; (d) Agree to stipulations of fact or law, which must be made part of the record; [[Page 78]] ...


change the date, time, and place of the hearing upon reasonable notice to the parties; (2) Disqualify a non-attorney representative (designated as described in the Sec....


the hearing. (c) The ALJ may use prehearing conferences to discuss the following: (1) Simplification of the issues. (2) The necessity or desirability of...


out in the complaint and upon which the findings and conclusions of [[Page 79]] the investigating official under Sec. 33.4(b) are based, unless those documents...


of the truth of any relevant fact. (3) Written interrogatories. (4) Depositions. (b) For the purpose of this section and Secs. 33.22 and 33.23, the...


proposed witnesses, and copies of proposed hearing exhibits, including copies of any written statements that the party intends to offer in lieu of live testimony in accordance...


testimony of an individual may also require the individual to produce documents at the hearing. (c) A party seeking a subpoena shall file a written request therefor...


or disclosure of evidence. (b) In issuing a protective order, the ALJ may take any order which justice requires to protect a party or person from...


witness fees and mileage must accompany [[Page 81]] the subpoena when served, except that if a subpoena is issued on behalf of the authority, a check for...


the title of the action, the case number assigned by the ALJ, and a designation of the paper (e.g., motion to quash subpoena). (3) Every pleading and paper must be signed...


unless it is a Saturday, Sunday, or legal holiday observed by the Federal Government, in which event it includes the next business day. (b) If the period of time allowed...


all other parties. (b) Except for motions made during a prehearing conference or at the hearing, all motions must be in writing. The ALJ may require that oral motions...


defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing. (b) Any sanction, including but not...


of the civil penalty or assessment considering any aggravating or mitigating factors. (b) The Department shall prove a defendant's liability and any...


aggravate the violation and articulate in their opinions the reasons that support the penalties and assessments they impose. Because of the intangible costs of fraud, the...


which the claim or statement in issue was made; or (3) In such other place as may be agreed upon by the defendant and the ALJ. (b) Each party must have the...


admitted in the form of a written statement or deposition. Any such written statement must be provided to all other parties along with the last known address of the witness, in...


if appropriate, e.g., to exclude unreliable evidence. (c) The ALJ shall exclude irrelevant and immaterial evidence. (d) Although relevant, evidence may be excluded...


(f)) (b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in the proceeding constitute the record...


date the parties receive the transcript of the hearing or, if applicable, the stipulated record. The briefs may be accompanied by proposed findings of fact and conclusions...


findings of fact must include a finding on each of the following issues: (1) Whether the claims or statements identified in the complaint, or any portions of the...


service was made by mail, receipt is presumed to be five days from the date of mailing in the absence of contrary proof. (b) Every motion under paragraph (a) of this...


by filing a notice of appeal with the Department head in accordance with this section. (b)(1) A notice of appeal may be filed at any time within 30 days after the...


the administrative process described in this part with respect to a claim or statement may adversely affect any pending or potential criminal or civil action related to...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR33.41] [Page 86] TITLE 34--EDUCATION PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 33.41 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the Department head. (b) No administrative stay is available following a final decision of the Department head. (Authority: 31 U.S.C. 3809) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR33.42] [Page 86] TITLE 34--EDUCATION PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 33.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the Department head imposing penalties or assessments under this part and specifies the procedures for the review. (Authority: 31 U.S.C. 3805) ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR33.43] [Page 86] TITLE 34--EDUCATION PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 33.43 Collection of civil penalties and assessments. Section 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for those actions. (Authority: 31 U.S.C. 3808(b)) ...


under Sec. 33.46, may be collected by administrative offset under 31 U.S.C. 3716, except that an administrative offset may not be under this section against a refund of...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR33.45] [Page 86] TITLE 34--EDUCATION PART 33--PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 33.45 Deposit in Treasury of United States. All amounts collected pursuant to this part are deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g). (Authority: 31 U.S.C. 3807(b)) ...


a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on which the ALJ issues an...


the defendant fails to file a timely answer, service of a notice under Sec. 33.10(b) is deemed a notice of hearing for purposes of this section. (c) The statute of...


damages against the United States for damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of...


Department of Education receives, at a place designated in paragraph (b) of this section, an executed Standard Form 95 or other written notification of an incident...


claim, his duly authorized agent, or his legal representative. (b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his...


evidence or information: (1) An authenticated death certificate or other competent evidence showing cause of death, date of death, and age of the decedent. ...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR35.5] [Page 97] TITLE 34--EDUCATION PART 35--TORT CLAIMS AGAINST THE GOVERNMENT--Table of Contents Subpart B--Procedures Sec. 35.5 Investigation of claims. When a claim is received, the Department will make such investigation as may be necessary or appropriate for a determination of the validity of the claim. ...


registered mail. The notification of final [[Page 98]] denial may include a statement of the reasons for the denial and shall include a statement that, if...


is made. (b) When the claimant is represented by an attorney, the voucher for payment (SF 1145) shall designate both the claimant and his attorney as ``payees.''...


the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of...


$10,000 or to imprisonment of not more than 5 years, or both (18 U.S.C. 287.1001), and, in addition, to a forfeiture of $2,000 and a penalty of double the loss or damage...


approval of the Attorney General or his designee. For the purposes of this paragraph, a principal claim and any derivative or subrogated claim shall be treated as a...


rendered against the employee if-- (i) The conduct giving rise to the verdict, judgment, or award occurred within the scope of his or her employment with the...


as a result of conduct taken within the scope of his or her employment, the employee shall immediately notify the head of his or her principal operating component and...


to the Department of Education regulation at 5 CFR part 6301 which supplements the [[Page 101]] executive branch-wide standards with a requirement for employees...


that in turn owns stock in another enterprise, that financial interest is exempt from the prohibition in 5 CFR 2635.402(a). Appendix to Part 73--Code...


Federal grants and agreements awarded to institutions of higher education, hospitals, and other non-profit organizations. (b) The Secretary does not impose...


Accrued expenditures means the charges incurred by the recipient during a given period requiring the provision of funds for-- (1) Goods and other tangible property received; ...


of codified program regulations, program manuals, handbooks, and other nonregulatory materials which are inconsistent with the requirements of this part...


and Budget (OMB), may grant exceptions for classes of grants or recipients subject to the requirements of this part when exceptions are not prohibited by statute....


from coverage, the provisions of this part shall be applied to subrecipients performing [[Page 106]] work under awards if the subrecipients are...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR74.10] [Page 106] TITLE 34--EDUCATION PART 74--ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table of Contents Subpart B--Pre-Award Requirements Sec. 74.10 Purpose. Sections 74.11 through 74.17 prescribes forms and instructions and other pre-award matters to be used in applying for awards. (Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110) ...


contracts. In each instance, the Secretary decides on the appropriate award instrument (i.e., grant, cooperative agreement, or contract). The Federal Grant...


with the applicable report clearance requirements of 5 CFR Part 1320--Controlling Paperwork Burdens on the Public--with regard to all forms used by ED in place of or as...


comply with the nonprocurement debarment and suspension common rule (implemented by the Secretary in 34 CFR part 85). This common rule restricts subawards and contracts...


award conditions, if an applicant or recipient-- (1) Has a history of poor performance; (2) Is not financially stable; (3) Has a management system that does...


amended by the Omnibus Trade and Competitiveness Act (15 U.S.C. 205) declares that the metric system is the preferred measurement system for U.S. trade and commerce. The...


and Recovery Act (RCRA) (Pub. L. 94- 580 codified at 42 U.S.C. 6962), any State agency or agency of a political subdivision of a State which is using appropriated...


or codified regulation, the Secretary allows recipients to submit certifications and representations required by statute, executive order, or regulation on an annual basis, if...


Financial and Program Management Sections 74.21 through 74.28 prescribe standards for financial management systems, methods for making payments and rules for-- ...


relate financial data to performance data and develop unit cost information whenever practical. (b) Recipients' financial management systems shall provide for...


between the transfer of funds from the United States Treasury and the issuance or redemption of checks, warrants, or payment by other means by the recipients....


and third party in-kind, are accepted as part of the recipient's cost sharing or matching when contributions meet the following criteria: (1) Are verifiable from...


in this section in requiring recipient organizations to account for program income related to projects financed in whole or in part with Federal funds. (b) Except...


is the financial expression of the project or program as approved during the award process. It may include either the Federal and non-Federal share, or only the Federal...


institutions of higher education or other non-profit organizations (including hospitals) shall be subject to the audit requirements contained in the Single Audit Act...


a set of cost principles for determining allowable costs. Allowability of costs are determined in accordance with the cost principles applicable to the entity incurring...


specified, a recipient may charge to the grant only allowable costs resulting from obligations incurred during the funding period and any pre-award costs authorized by...


uniform standards governing management and disposition of property furnished by ED whose cost was charged to a project supported by a Federal award. Recipients...


equivalent insurance coverage for real property and equipment acquired with Federal funds as provided to property owned by the recipient. Federally-owned property need not...


concerning the use and disposition of real property acquired in whole or in part under awards. Unless otherwise provided by statute, the minimum requirements provide...


(1) Title to federally-owned property remains vested in the Federal Government. Recipients shall submit annually an inventory listing of federally-owned property in...


Federal funds shall vest in the recipient, subject to conditions of this section. (b) The recipient may not use equipment acquired with Federal funds to provide...


other expendable property shall vest in the recipient upon acquisition. If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value...


work that is subject to copyright and was developed, or for which ownership was purchased, under an award. ED and any other Federal awarding agency reserve a...


property, and debt instruments that are acquired or improved with Federal funds must be held in trust by the recipient as trustee for the beneficiaries of the project...


contain standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment, real property, and other services...


this section do not relieve the recipient of the contractual responsibilities arising under its contract(s). The recipient is the responsible authority, without recourse to...


of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the...


a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational conflicts of interest as well as...


procurement procedures. These procedures must provide for, at a minimum, that-- (1) Recipients avoid purchasing unnecessary items; (2) Where appropriate,...


must be made and documented in the procurement files in connection with every procurement action. Price analysis may be accomplished in various ways, including the...


in excess of the small purchase threshold must include the following at a minimum-- (a) Basis for contractor selection; (b) Justification for lack of competition...


be maintained to ensure contractor conformance with the terms, conditions and specifications of the contract, and to ensure adequate and timely follow up of all...


to provisions to define a sound and complete agreement, the following provisions in all contracts. The following provisions must also be applied to subcontracts: ...


establish the procedures for monitoring and reporting on the recipient's financial and program performance and the necessary standard reporting forms. They also establish...


responsible for managing and monitoring each project, program, subaward, function, or activity supported by the award. Recipients shall monitor subawards to ensure...


as may be approved by OMB are authorized for obtaining financial information from recipients. (1) SF-269 or SF-269A--Financial Status Report. (i) Recipients are required...


section establishes requirements for record retention and access to records for awards to recipients. The Secretary does not impose any other record retention or access...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR74.60] [Page 126] TITLE 34--EDUCATION PART 74--ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table of Contents Subpart C--Post-Award Requirements Sec. 74.60 Purpose of termination and enforcement. Sections 74.61 and 74.62 establish uniform suspension, termination, and enforcement procedures. (Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110) ...


only-- (1) By the Secretary, if a recipient materially fails to comply with the terms and conditions of an award; (2) By the Secretary with the consent of the...


fails to comply with the terms and conditions of an award, whether stated in a Federal statute, regulation, assurance, application, or notice of award,...


[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR74.70] [Page 127] TITLE 34--EDUCATION PART 74--ADMINISTRATION OF GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS--Table of Contents Subpart D--After-the-Award Requirements Sec. 74.70 Purpose. Sections 74.71 through 74.73 contain closeout procedures and other procedures for subsequent disallowances and adjustments. (Authority: 20 U.S.C. 1221e-3, 3474; OMB Circular A-110) ...


calendar days after the date of completion of the award, all financial, performance, and other reports as required by the terms and conditions of the award. The Secretary...


(a) The closeout of an award does not affect any of the following: (1) The right of the Secretary to disallow costs and recover funds on the basis of a later audit or...




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