[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-56.006]

[Page 399-400]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-56--SALARY OFFSET FOR INDEBTEDNESS OF GENERAL SERVICES ADMINISTRATION 
EMPLOYEES TO THE UNITED STATES--Table of Contents
 
Sec. 105-56.006  Petition for pre-offset hearing.

    (a) The employee may petition for a pre-offset hearing by filing a 
written petition with the program official who

[[Page 400]]

signed the demand letter within 15 days of receipt of the written 
notice. The petition must state why the employee believes the agency's 
determination concerning the existence or amount of the debt is in 
error, and set forth objections to the involuntary repayment schedule. 
The timely filing of a petition will suspend the commencement of 
collection proceedings.
    (b) The employee's petition or statement must be signed by the 
employee.
    (c) Petitions for hearing made after the expiration of the 15 day 
period may be accepted if the employee can show that the delay was 
because of circumstances beyond his or her control or because of failure 
to receive notice of the time limit.
    (d) If the employee timely requests a pre-offset hearing or the 
timeliness is waived, the program official must:
    (1) Notify the employee whether the employee may elect an oral 
hearing or whether he or she may have only a ``paper hearing,'' i.e., a 
review on the written record (see 4 CFR 102.3(c)). In either case, the 
program official will arrange for a hearing official; and
    (2) The program official will provide the hearing official with a 
copy of all records on which the determination of the debt and any 
involuntary repayment schedule are based.
    (e) An employee who elects an oral hearing must notify the hearing 
official and the program official in writing within 5 days of receipt of 
the notice under paragraph (d)(1) of this section and within 20 days of 
receipt of the notice under (d)(1) the employee shall fully identify and 
explain with reasonable specificity all the facts, evidence and 
witnesses which the employee believes support his or her position.
    (f) The hearing official shall notify the program official and the 
employee of the date, time and location of the hearing.
    (g) If the employee later elects to have the hearing based only on 
the written submissions, notification must be given to the hearing 
official and the program official at least 3 calendar days before the 
date of the oral hearing. The hearing official may waive the 3-day 
requirement for good cause.
    (h) Failure of the employee to appear at the oral hearing can result 
in dismissal of the petition and affirmation of the agency's decision.