[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: 15CFR22.7]

[Page 207]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 22--SALARY OFFSET--Table of Contents
 
Sec. 22.7  Hearing procedures.

    (a) The hearing will be presided over by either:
    (1) A Department administrative law judge; or
    (2) A hearing official not under the control of the Secretary.
    (b) The hearing shall conform to Sec. 102.3(c) of the Federal Claims 
Collection Standards (4 CFR 102.3(c)).
    (c)(1) If the Secretary's determination regarding the existence or 
amount of the debt is contested, the burden is on the employee to 
demonstrate that the Secretary's determination was erroneous.
    (2) If the hearing official finds the Secretary's determination of 
the amount of the debt was erroneous, the hearing official shall 
indicate the amount owed by the employee, if any.
    (d)(1) If the Secretary's offset schedule is contested, the burden 
is on the employee to demonstrate that the payments called for under the 
Secretary's schedule will produce an extreme financial hardship for the 
employee under Sec. 22.9.
    (2) If the hearing official finds that the payments called for under 
the Secretary's offset schedule will produce an extreme financial 
hardship for the employee, the hearing official shall establish an 
offset schedule that will result in the repayment of the debt in the 
shortest period of time without producing an extreme financial hardship 
for the employee.