(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.
(b)
If the Secretary offsets under paragraph (a) of this section, the Secretary:
(1)
Promptly completes the procedures under §§ 30.22-30.27 after initiating the offset; and
(2)
Refunds any amounts recovered under the offset that are later found not to be owed to the United States.
Code of Federal Regulations
(Authority:
20 U.S.C. 1221e-3(a)(1) and 1226a-1, 31
U.S.C. 3716(b))