[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR708.6]



[Page 312]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 708_COLLECTION BY SALARY OFFSET FROM INDEBTED CURRENT AND FORMER 

EMPLOYEES--Table of Contents

 

Sec. 708.6  Petitions for hearing.



    (a) Except as provided in paragraph (d) of this section, an employee 

who wants a hearing must file a written petition for a hearing to be 

received by the Deputy Staff Director not later than 15 calendar days 

from the date of receipt of the Notice of Offset. The petition must 

state why the employee believes the determination of the Commission 

concerning the existence or amount of the debt is in error.

    (b) The petition must be signed by the employee and should identify 

and explain with reasonable specificity and brevity the facts, evidence, 

and witnesses that the employee believes support his or her position.

    (c) If the employee objects to the percentage of disposable pay to 

be deducted from each check, the petition should state the objection and 

the reasons for it.

    (d) If the employee files a petition for a hearing later than the 15 

calendar days from the date of receipt of the Notice of Offset, as 

described in paragraph (a) of this section, the hearing official may 

accept the request if the employee can show that there was good cause 

(such as due to circumstances beyond his or her control or because he or 

she was not informed or aware of the time limit) for failing to meet the 

deadline date.

    (e) An employee will not be granted a hearing and will have his or 

her disposable pay offset in accordance with the Deputy Staff Director's 

offset schedule if he or she fails to show good cause why he or she 

failed to file the petition for a hearing within the stated time limits.