[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR32.5]

[Page 67-68]
 
                           TITLE 34--EDUCATION
 
PART 32_SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES 
FROM DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents
 
Sec. 32.5  Pre-offset hearing--general.

    (a) An employee who wishes a review of the existence or amount of 
the overpayment or an involuntary repayment schedule may request a pre-
offset hearing. The pre-offset hearing does not review:

[[Page 68]]

    (1) The denial of a waiver of repayment under 5 U.S.C. 5584;
    (2) The involuntary repayment schedule or financial hardship caused 
by the amount of the involuntary deduction from the employee's 
disposable pay, unless the employee has submitted the financial 
statement and written explanation required under Sec. 32.4(c); and
    (3) The determination under paragraph (b) of this section that the 
pre-offset hearing is on the written submissions.
    (b) Unless the Secretary determines that a matter reviewable under 
paragraph (a) of this section turns on an issue of credibility or 
veracity or cannot be resolved by a review of the documentary evidence, 
the pre-offset hearing is on the written submissions.
    (c) A pre-offset hearing is based on the written submissions for 
overpayments arising from:
    (1) A termination of a temporary promotion;
    (2) A cash award;
    (3) An erroneous salary rate;
    (4) Premature granting of a within-grade increase;
    (5) A lump sum payment for annual leave;
    (6) Unauthorized appointment to a position;
    (7) An error on time and attendance records; or
    (8) Other circumstances where the Secretary determines that an oral 
hearing is not required.
    (d) The hearing is conducted by a hearing official who is not an 
employee of the Department or under the supervision or control of the 
Secretary.
    (e) Formal discovery between the parties is not provided.

(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)