[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: 41CFR105-56.007]

[Page 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. 105-56.007  Pre-offset oral hearing.

    (a) The Agency, represented by the appropriate program official or a 
representative of the Office of General Counsel, and the employee, and/
or his or her representative, will explain their case in the form of an 
oral presentation with reference to the documentation submitted. The 
employee may testify on his or her own behalf, subject to cross-
examination. Other witnesses may be called to testify when the hearing 
official determines the testimony to be relevant and not redundant. All 
witnesses will testify under oath, with the oath having been 
administered by the hearing official. A written transcript of the 
hearing will be kept and made available to either party in the event of 
an appeal under the Administrative Procedure Act, 5 U.S.C. 701-706. 
Arrangements for the taking of the transcript will be made by the 
hearing official, and all charges associated with the taking of the 
transcript will be the responsibility of GSA.
    (b) The hearing official will--
    (1) Conduct a fair and impartial hearing; and
    (2) Preside over the course of the hearing, maintain decorum, and 
avoid delay in the disposition of the hearing.
    (c) The employee may represent himself or herself or may be 
represented by another person of his or her choice at the hearing. GSA 
will not compensate the employee for representation expenses, including 
hourly fees for attorneys, travel expenses, and costs for reproducing 
documents.
    (d) Oral hearings are open to the public. However, the hearing 
official may close all or any portion of the hearing when doing so is in 
the best interests of the employee or the Agency.
    (e) Oral hearings may be conducted by telephone at the request of 
the employee. All telephonic charges incurred during a hearing will be 
the responsibility of GSA.
    (f) The hearing official may request written submissions and 
documentation from the employee and the Agency, in addition to 
considering evidence offered at the hearing.