[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR92.7]

[Page 724-725]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 92_RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET--Table of Contents
 
Sec.  92.7  Notice, hearing, written response and decision.

    (a) Except as provided in Sec.  92.9 of this part, each employee 
from whom the department proposes to offset a debt against the Federal 
pay of an employee who is indebted to the United States under a program 
administrated by DOT under these regulations is entitled to receive a 
minimum of 30 days written notice as described in Sec.  92.11 of this 
part (see also Sec.  92.21(a)).
    (b) Each employee owing a debt to the United States which will be 
collected by salary offset is entitled to petition for a hearing before 
collection

[[Page 725]]

starts. This petition shall be filed directly with the accounting or 
finance office of the DOT creditor operating element which shall make 
appropriate hearing arrangements consistent with law and regulations. 
The DOT creditor operating element shall provide an explanation of the 
rights of the employee. If a hearing is provided, the following issues 
shall be heard:
    (1) The determination of the DOT creditor operating element 
concerning the existence and amount of the debt; and
    (2) The terms of the repayment schedule, if not previously 
established by written agreement between the employee and the DOT 
creditor operating element. (See Sec.  92.21(c) regarding copy of 
written decision by hearing officer describing method and amount of 
salary offset).