[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1261.503]



[Page 355-356]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1261_PROCESSING OF MONETARY CLAIMS (GENERAL)--Table of Contents

 

             Subpart 1261.5_Administrative Offset of Claims

 

Sec. 1261.503  Agency records inspection; hearing or review.



    (a) NASA shall provide the debtor with a reasonable opportunity for 

an ``oral hearing'' when:

    (1) An applicable statute authorizes or requires the agency to 

consider waiver of the indebtedness involved, the debtor requests waiver 

of the indebtedness, and the waiver determination turns on an issue of 

credibility or veracity; or

    (2) The debtor requests reconsideration of the debt and the agency 

determines that the question of the indebtedness cannot be resolved by 

review of the documentary evidence, for example, when the validity of 

the debt turns on an issue of credibility or veracity. Unless otherwise 

required by law, an oral hearing under this section is not required to 

be a formal evidentiary-type hearing, although significant matters 

discussed at the hearing should be carefully documented. See 4 CFR 

102.3(c)(1). Such hearing may be an informal discussion/interview with 

the debtor, face-to-face meeting between debtor and cognizant NASA 

personnel, or written formal submission by the debtor and response by 

the NASA cognizant personnel with an opportunity for oral presentation. 

The hearing will be conducted before or in the presence of an official 

designated by the NASA General Counsel or designee on a case-by-case 

basis. The decision of the reviewing/hearing official should be 

communicated in writing (no particular form is required) to the affected 

parties, and will constitute the final administrative decision of the 

agency.

    (b) Paragraph (a) of this section does not require an oral hearing 

with respect to debt collection systems in which determinations of 

indebtedness or waiver rarely involve issues of credibility or veracity 

and NASA has determined that review of the written record is ordinarily 

an adequate means to correct prior mistakes. In administering such a 

system, the agency is not required to sift through all of the requests 

received in order to accord oral hearings in those few cases which may 

involve issues of credibility or veracity. See 4 CFR 102.3(c)(2).

    (c) In those cases where an oral hearing is not required or granted, 

NASA



[[Page 356]]



will nevertheless accord the debtor a ``paper hearing''--that is, the 

agency will make its determination on the request for waiver or 

reconsideration based upon a review of the available written record. See 

4 CFR 102.3(c)(3). In such case, the responsible official or designee 

shall refer the request to the appropriate NASA legal counsel for review 

and determination by counsel or designee.

    (d) A request to inspect and/or copy the debtor's own debt records 

or related files, and/or for a hearing or review accompanied by a 

statement of the basis or grounds for such hearing or review, must be 

submitted within 30 calendar days of the receipt of the written notice 

under Sec. 1261.502(a). A reasonable time to inspect and copy records 

will be provided during official working hours, but not to exceed 5 

business days, unless a verified statement showing good cause requires a 

longer period. Any suspension of collection or other charges during the 

period of the inspection, or hearing or review, shall comply with 

Sec. Sec. 1261.412 and 1261.416. Requests for or consideration of 

compromising the debt must comply with Sec. 1261.414.