[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR21.10]

[Page 201-202]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 21--ADMINISTRATIVE OFFSET--Table of Contents
 
Sec. 21.10  Review procedures.

    (a) The oral hearing will be conducted as follows:
    (1) The hearing official will take necessary steps to ensure that 
the hearing is conducted in a fair and expeditious manner. If necessary, 
the hearing officer may administer oaths of affirmation.
    (2) The hearing official need not use the formal rules of evidence 
with regard to admissibility of evidence or the use of evidence once 
admitted. However, parties may object to clearly irrelevant material.
    (3) The hearing official will record all significant matters 
discussed at the hearing. There will be no ``official'' record or 
transcript provided for these hearings.
    (4) A debtor may represent himself or herself or may be represented 
by an attorney or other person. The Department will be represented by 
the General Counsel or his designee.
    (5) The General Counsel (or designee) will proceed first by 
presenting evidence on the relevant issues. The debtor then presents his 
or her evidence regarding these issues. The General Counsel then may 
offer evidence to rebut or clarify the evidence introduced by the 
debtor.
    (b) Administrative review of the record: The Departmental unit head 
(or designee) will designate an official of the Department as hearing 
official who will review administrative determinations of indebtedness 
which are not reviewable under criteria provided in Sec. 21.9(a) for 
justifying an oral hearing. The hearing official will review all 
material related to the debt which is in the possession of the 
Department. The hearing official will make a determination based upon a 
review of this written record, which may include a request for 
reconsideration of the determination of indebtedness, or such other 
relevant material submitted by the debtor.
    (c) The Department may effect an administrative offset against a 
payment to be made to a debtor prior to the completion of any of the due 
process procedures required by this section, if failure to take the 
offset would substantially prejudice the Department's ability to collect 
the debt. For example, if the time before the payment is to be made to 
the debtor by another Federal department or agency would not reasonably 
permit the completion of due process procedures, the offset may be 
accomplished by the Department. Such offset prior to completion of due 
process review hearing will be promptly followed by the completion of

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review and decision by the hearing official on the validity of the debt. 
Amounts recovered by offset in these instances, but later found not owed 
to the agency, will be promptly refunded.