{"data":{"id":"us/34-cfr-32.3","jurisdiction":"us","citation":"34 CFR 32.3","heading":"Pre-offset notice.","body":"At least 30 days before initiating a deduction from the disposable pay of an employee to recover an overpayment of pay or allowances, the Secretary sends a written notice to the employee stating—\n(a) The origin, nature and amount of the overpayment;\n(b) How interest is charged and administrative costs and penalties will be assessed, unless excused under 31 U.S.C. 3716;\n(c) A demand for repayment, providing for an opportunity for the employee to enter into a written repayment agreement with the Department;\n(d) Where a waiver of repayment is authorized by law, the employee's right to request a waiver;\n(e) The Department's intention to deduct 15 percent of the employee's disposable pay, or a specified amount if the disposable pay is severance pay and/or a lump sum annual leave payment, to recover the overpayment if a waiver is not granted by the Secretary and the employee fails to repay the overpayment or enter into a written repayment agreement;\n(f) The amount, frequency, approximate beginning date and duration of the intended deduction;\n(g) If Government records on which the determination of overpayment are not attached, how those records will be made available to the employee for inspection and copying;\n(h) The employee's right to request a pre-offset hearing concerning the existence or amount of the overpayment or an involuntary repayment schedule;\n(i) The applicable hearing procedures and requirements, including a statement that a timely petition for hearing will stay commencement of collection proceedings and that a final decision on the hearing will be issued not later than 60 days after the hearing petition is filed, unless a delay is requested and granted;\n(j) That any knowingly false or frivolous statements, representations or evidence may subject the employee to applicable disciplinary procedures, civil or criminal penalties; and\n(k) That where amounts paid or deducted are later waived or found not owed, unless otherwise provided by law, they will be promptly refunded to the employee.","path":["Title 34—Education","Subtitle A—Office of the Secretary, Department of Education","PART 32—SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES FROM DEPARTMENT OF EDUCATION EMPLOYEES"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-34.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:40Z","sha256":"9b411a17f919cf46a5ecd264584acb7bec8a18c3a32abf0bd6ed5134f55dfea7","source_id":"us-cfr","stale":true,"prev":"us/34-cfr-32.2","next":"us/34-cfr-32.4"},"notice":"GroundRules: Original legal text. Not legal advice."}