[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR31.9]



[Page 65]

 

                           TITLE 34--EDUCATION

 

PART 31_SALARY OFFSET FOR FEDERAL EMPLOYEES WHO ARE INDEBTED TO THE 

 

Sec. 31.9  Decision of the hearing official.



    (a) The hearing official issues a written opinion within sixty days 

of the date on which the employee filed a request for a hearing under 

Sec. 31.5, unless a delay in the proceedings has been granted at the 

request of the employee. In the opinion, the hearing official states his 

or her decision and the findings of fact and conclusions of law on which 

the decision is based.

    (b) If the hearing official finds that a portion of the debt 

described in the pre-offset notice under Sec. 31.3 is not enforceable 

by offset, the official shall state in the opinion that portion which is 

enforceable by offset.

    (c) If the hearing official finds that the amount of the offset 

proposed in the pre-offset notice will cause an extreme financial 

hardship for the employee, the hearing official shall establish an 

offset schedule that will result in the repayment of the debt in the 

shortest period of time without producing an extreme financial hardship 

for the employee.



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