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ED/OM | RIN: 1880-AA90 | Publication ID: Fall 2020 |
Title: Standardizing Filing Procedures for Pre-Offset Hearing | |
Abstract:
The Department will issue a final rule to amend the regulations in 34 CFR 31.7(a) and 32.5(d) implementing the procedures for pre-offset hearings for claims for overpayment of pay; allowances; and travel, transportation and relocation expenses and allowances under 34 CFR parts 31 and 32 and 5 U.S.C. 5584 and 5514. Consistent with the statutory provision in 5 U.S.C. 5514(a)(2)(D), the final regulations will prohibit pre-offset hearings from being conducted by an individual under the supervision or control of the head of the agency, but would allow for the appointment of an administrative law judge. Additionally, the Department will standardize methods of delivery for filings made in administrative appeals under 34 CFR part 81. |
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Agency: Department of Education(ED) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Deregulatory | |
CFR Citation: 34 CFR 31 34 CFR 32 | |
Legal Authority: 5 U.S.C. 5514 5 U.S.C. 5584 31 U.S.C. 3716 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Undetermined |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
Public Comment URL: www.regulations.gov | |
RIN Data Printed in the FR: No | |
Agency Contact: Anthony Cummings Department of Education Office of Management 400 Maryland Avenue SW, PCP-10089, Washington, DC 20202 Phone:202 245-7185 Email: anthony.cummings@ed.gov |