§ 1.1928   Hearing.

   (a) Petition for hearing. (1) An employee may request a hearing by
   filing a written petition with the Managing Director of the Commission,
   or designated official stating why the employee believes the
   determination of the Commission concerning the existence or the amount
   of the debt is in error.

   (2) The employee's petition must be executed under penalty of perjury
   by the employee and fully identify and explain with reasonable
   specificity all the facts, evidence and witnesses, if any, which the
   employee believes support his or her position.

   (3) The petition must be filed no later than fifteen (15) calendar days
   from the date that the notification was hand delivered or the date of
   delivery by certified mail, return receipt requested.

   (4) If a petition is received after the fifteenth (15) calendar day
   deadline referred to paragraph (a) (3) of this section, the Commission
   will nevertheless accept the petition if the employee can show, in
   writing, that the delay was due to circumstances beyond his or her
   control, or because of failure to receive notice of the time limit
   (unless otherwise aware of it).

   (5) If a petition is not filed within the time limit specified in
   paragraph (a) (3) of this section, and is not accepted pursuant to
   paragraph (a)(4) of this section, the employee's right to hearing will
   be considered waived, and salary offset will be implemented by the
   Commission.

   (b) Type of hearing. (1) The form and content of the hearing will be
   determined by the hearing official who shall be a person outside the
   control or authority of the Commission except that nothing herein shall
   be construed to prohibit the appointment of an administrative law judge
   by the Commission. In determining the type of hearing, the hearing
   officer will consider the nature and complexity of the transaction
   giving rise to the debt. The hearing may be conducted as an informal
   conference or interview, in which the Commission and employee will be
   given a full opportunity to present their respective positions, or as a
   more formal proceeding involving the presentation of evidence,
   arguments and written submissions.

   (2) The employee may represent him or herself, or may be represented by
   an attorney.

   (3) The hearing official shall maintain a summary record of the
   hearing.

   (4) The decision of the hearing officer shall be in writing, and shall
   state:

   (i) The facts purported to evidence the nature and origin of the
   alleged debt;

   (ii) The hearing official's analysis, findings, and conclusions, in the
   light of the hearing, as to—

   (A) The employee's and/or agency's grounds,

   (B) The amount and validity of the alleged debt, and,

   (C) The repayment schedule, if applicable.

   (5) The decision of the hearing official shall constitute the final
   administrative decision of the Commission.

   return arrow Back to Top