[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR3.58]

[Page 272-273]
 
                          TITLE 7--AGRICULTURE
 
PART 3_DEBT MANAGEMENT--Table of Contents
 
                         Subpart C_Salary Offset
 
Sec. 3.58  Hearings.

    (a) If an employee timely files a petition for a hearing under Sec. 
3.56, the Secretary shall select the time, date, and location for the 
hearing.
    (b)(1) Hearings shall be conducted by an appropriately designated 
hearing official; and
    (2) Rules of evidence shall not be adhered to, but the hearing 
official shall consider all evidence that he or she determines to be 
relevant to the debt that is the subject of the hearing and weigh it 
accordingly, given all of the facts and circumstances surrounding the 
debt.

[[Page 273]]

    (c) USDA will have the burden of going forward to prove the 
existence of the the debt.
    (d) The employee requesting the hearing shall bear the ultimate 
burden of proof.
    (e) The evidence presented by the employee must prove that no debt 
exists or cast sufficient doubt such that reasonable minds could differ 
as to the existence of the debt.