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ED/OM RIN: 1880-AA90 Publication ID: Spring 2021 
Title: Standardizing Filing Procedures for Pre-Offset Hearing 

The Department plans to 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 will 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.

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 
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
Action Date FR Cite
Final Rule  06/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Public Comment URL:  
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