(a) The written decision is based on the evidence contained in the hearing record. The decision includes—

Terms Used In 34 CFR 34.17

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

(1) A description of the evidence considered by the hearing official;

(2) The hearing official’s findings, analysis, and conclusions regarding objections raised to the existence or amount of the debt;

(3) The rate of wage withholding under the order, if you objected that withholding the amount proposed in the garnishment notice would cause an extreme financial hardship; and

(4) An explanation of your rights under this part for reconsideration of the decision.

(b) The hearing official’s decision is the final action of the Secretary for the purposes of judicial review under the Administrative Procedure Act (5 U.S.C. § 701 et seq.).

(Authority: 31 U.S.C. § 3720D)