[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: 34CFR32.9]



[Page 69]

 

                           TITLE 34--EDUCATION

 

PART 32_SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES 

FROM DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents

 

Sec. 32.9  Written decision.



    (a) The hearing official issues a written decision stating the facts 

supporting the nature and origin of the debt and the hearing official's 

analysis, findings and conclusions as to the amount of the debt and the 

repayment schedule within 60 days of filing of the employee's request 

for a pre-offset hearing, unless the employee requests, and the hearing 

official grants, a delay in the proceedings.

    (b) The hearing official decides whether the Secretary's 

determination of the existence and the amount of the overpayment or the 

extreme financial hardship caused by the involuntary repayment schedule 

is clearly erroneous. A determination is clearly erroneous if although 

there is evidence to support the determination, the hearing official, 

considering the record as a whole, is left with a definite and firm 

conviction that a mistake was made.

    (c) In making the decision, the hearing official is governed by 

applicable Federal statutes, rules and regulations.

    (d) The hearing official decides the issue of extreme financial 

hardship caused by the involuntary repayment schedule only where the 

employee has submitted the financial statement and written explanation 

required under Sec. 32.4(c). Where the hearing official determines that 

the involuntary repayment schedule creates extreme financial hardship, 

he or she must establish a schedule that alleviates the financial 

hardship but may not reduce the involuntary repayment schedule to a 

deduction of zero percent.



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