[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-56.006]

[Page 422-423]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-56_SALARY OFFSET FOR INDEBTEDNESS OF FEDERAL EMPLOYEES TO THE 
UNITED STATES--Table of Contents
 
  Subpart A_Salary Offset of General Services Administration Employees
 
Sec. 105-56.006  Petition for pre-offset hearing.

    (a) The employee may request a pre-offset hearing by filing a 
written petition with the appropriate program official indicated in the 
pre-offset notice, within 15 days of receipt of the written notice. The 
petition must state why the employee believes GSA's determination 
concerning the existence and/or amount of the debt is in error, set 
forth any objections to the involuntary repayment schedule, and, if the 
employee is seeking an oral hearing, set forth reasons for an oral 
hearing. The timely filing of a petition will suspend the commencement 
of collection proceedings.
    (b) The employee's petition or statement must be signed and dated by 
the employee.
    (c) Petitions for hearing made after the expiration of the 15-day 
period may be accepted if the employee can show that the delay was 
because of circumstances beyond his or her control or because of failure 
to receive notice of the time limit.
    (d) If the employee timely requests a pre-offset hearing or the 
timeliness is waived, the appropriate program official must--
    (1) Promptly notify the GSBCA and arrange for a hearing official 
(see Sec. 105-56.003(m) of this subpart). The hearing official will 
notify the employee whether he or she may have an oral or a ``paper 
hearing,'' i.e., a review on the written record (see 31 CFR 901.3(e)); 
and
    (2) Provide the hearing official with a copy of all records on which 
the determination of the debt and any involuntary repayment schedule are 
based.
    (e) If an oral hearing is to be held, the hearing official will 
notify the appropriate program official and the employee of the date, 
time, and location of the hearing. The debtor may choose to have the 
hearing conducted in the hearing official's office located at GSA 
Central Office, 1800 F St., NW., Washington, DC 20405, at another 
location designated by the hearing official, or by telephone. The debtor 
and any witnesses are responsible for any personal expenses incurred to 
arrive at a hearing official's office or other designated location (see 
Sec. 105-56.007(c)). All telephonic charges incurred during a hearing 
will be the responsibility of GSA.
    (f) If the employee later elects to have the hearing based only on 
the written submissions, notification must be given to the hearing 
official and the appropriate program official at least 3 days before the 
date of the oral hearing. The hearing official may waive the 3-day 
requirement for good cause.
    (g) If either party, without good cause as determined by the hearing 
official, does not appear at a scheduled oral hearing, the hearing 
official will

[[Page 423]]

make a determination on the claim which takes into account that party's 
position as presented in writing only.