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The Department of Education (Department) proposes 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 Title 5 U.S.C. 5584 and 5514. Consistent with the statutory provision in 5 U.S.C. 5514(a)(2)(D), the proposed regulation would 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 proposes to standardize methods of delivery for filings made in administrative appeals under the applicable referenced code sections 34 CFR 81.11 Motions, 34 CFR 81.12 Filing requirements, 34 CFR 81.20 Interlocutory appeals to the Secretary from rulings of an ALJ, 34 CFR 81.41 Initial decision, 34 CFR 81.42 Petition for review of initial decision, and 34 CFR 81.44 Final decision of the Department.