[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR16.9]

[Page 308-309]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 16--SALARY OFFSET PROCEDURES FOR COLLECTING DEBTS OWED BY FEDERAL 
EMPLOYEES TO THE FEDERAL GOVERNMENT--Table of Contents
 
Sec. 16.9  Hearing.

    (a) Request for hearing. (1) An employee shall file a petition for a 
hearing in accordance with the instructions outlined in the creditor 
agency's notice of offset.
    (2) If the NRC is the creditor agency, a hearing may be requested by 
filing a written petition stating why the employee disputes the 
existence or amount of the debt or the repayment schedule if it was not 
established by

[[Page 309]]

written agreement between the employee and the NRC. The employee shall 
sign the petition 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. The petition for a 
hearing must be received no later than fifteen (15) calendar days after 
receipt of the notice of offset unless the employee can show that the 
delay in meeting the deadline date was because of circumstances beyond 
his or her control or because of failure to receive notice of the time 
limit (unless otherwise aware of it).
    (b) Hearing procedures. (1) The hearing will be presided over by a 
hearing official arranged by NRC (an administrative law judge or, 
alternatively, a hearing official not under the supervision or control 
of the head of the agency.)
    (2) The hearing must conform to procedures contained in the revised 
FCCS, 31 CFR Chapter IX, 901.3(e). The burden is on the employee to 
demonstrate either that the existence or the amount of the debt is in 
error or that the terms of the repayment schedule would result in undue 
financial hardship or would be against equity and good conscience.
    (3) An employee is entitled to representation of his or her choice 
at any stage of the proceeding. NRC attorneys may not be provided as 
representatives for the debtor. The NRC will not compensate the debtor 
for representation expenses, including hourly fees for attorneys, travel 
expenses, and costs for reproducing documents.

[56 FR 51830, Oct. 16, 1991, as amended at 67 FR 57508, Sept. 11, 2002]