[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1261.503]

[Page 360-361]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1261--PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents
 
             Subpart 1261.5--Administrative Offset of Claims
 
Sec. 1261.503  Agency records inspection; hearing or review.

    (a) NASA shall provide the debtor with a reasonable opportunity for 
an ``oral hearing'' when:
    (1) An applicable statute authorizes or requires the agency to 
consider waiver of the indebtedness involved, the debtor requests waiver 
of the indebtedness, and the waiver determination turns on an issue of 
credibility or veracity; or
    (2) The debtor requests reconsideration of the debt and the agency 
determines that the question of the indebtedness cannot be resolved by 
review of the documentary evidence, for example, when the validity of 
the debt turns on an issue of credibility or veracity. Unless otherwise 
required by law, an oral hearing under this section is not required to 
be a formal evidentiary-type hearing, although significant matters 
discussed at the hearing should be carefully documented. See 4 CFR 
102.3(c)(1). Such hearing may be an informal discussion/interview with 
the debtor, face-to-face meeting between debtor and cognizant NASA 
personnel, or written formal submission by the debtor and response by 
the NASA cognizant personnel with an opportunity for oral presentation. 
The hearing will be conducted before or in the presence of an official 
designated by the NASA General Counsel or designee on a case-by-case 
basis. The decision of the reviewing/hearing official should be 
communicated in writing (no particular form is required) to the affected 
parties, and will constitute the final administrative decision of the 
agency.
    (b) Paragraph (a) of this section does not require an oral hearing 
with respect to debt collection systems in which determinations of 
indebtedness or waiver rarely involve issues of credibility or veracity 
and NASA has determined that review of the written record is ordinarily 
an adequate means to correct prior mistakes. In administering such a 
system, the agency is not required to sift through all of the requests 
received in order to accord oral hearings in those few cases which may 
involve issues of credibility or veracity. See 4 CFR 102.3(c)(2).
    (c) In those cases where an oral hearing is not required or granted, 
NASA

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will nevertheless accord the debtor a ``paper hearing''--that is, the 
agency will make its determination on the request for waiver or 
reconsideration based upon a review of the available written record. See 
4 CFR 102.3(c)(3). In such case, the responsible official or designee 
shall refer the request to the appropriate NASA legal counsel for review 
and determination by counsel or designee.
    (d) A request to inspect and/or copy the debtor's own debt records 
or related files, and/or for a hearing or review accompanied by a 
statement of the basis or grounds for such hearing or review, must be 
submitted within 30 calendar days of the receipt of the written notice 
under Sec. 1261.502(a). A reasonable time to inspect and copy records 
will be provided during official working hours, but not to exceed 5 
business days, unless a verified statement showing good cause requires a 
longer period. Any suspension of collection or other charges during the 
period of the inspection, or hearing or review, shall comply with 
Sec. Sec. 1261.412 and 1261.416. Requests for or consideration of 
compromising the debt must comply with Sec. 1261.414.