[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1450.22]

[Page 87-88]
 
                             TITLE 29--LABOR
 
         CHAPTER XII--FEDERAL MEDIATION AND CONCILIATION SERVICE
 
PART 1450_COLLECTIONS OF CLAIMS OWED THE UNITED STATES--Table of Contents
 
                         Subpart C_Salary Offset
 
Sec.  1450.22  Hearing.

    (a) Petition for hearing. (1) A hearing may be requested by filing a 
written petition with the Director, Financial Management Staff of FMCS, 
or such other official as may be named in the future by the Director of 
FMCS, stating why the employee believes the determination of the agency 
concerning the existence or the amount of the debt is in error.
    (2) The employee's petition must be signed by the employee and fully 
identify and explain with reasonable specificity all the facts, evidence 
and witnesses, if any, which the employee believes support his or her 
position.
    (3) The petition must be filed no later than fifteen (15) calendar 
days from the date that the notification was hand delivered or the date 
of delivery by certified mail, return receipt requested.
    (4) If a petition is received after the fifteen (15) calendar day 
deadline referred to above, FMCS will nevertheless accept the petition 
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 (unless otherwise aware of it).

[[Page 88]]

    (5) If a petition is not filed within the time limit specified in 
paragraph (a)(3) of this section, and is not accepted pursuant to 
paragraph (a)(4) of this section, the employee's right to hearing will 
be considered waived, and salary offset will be implemented by FMCS.
    (b) Type of hearing. (1) The form and content of the hearing will be 
determined by the hearing official who shall be a person outside the 
control or authority of FMCS. In determining the type of hearing, the 
hearing officer will consider the nature and complexity of the 
transaction giving rise to the debt. The hearing may be conducted as an 
informal conference or interview, in which the agency and employee will 
be given a full opportunity to present their respective positions, or as 
a more formal proceeding involving the presentation of evidence, 
arguments and written submissions.
    (2) The employee may represent himself or herself, or may be 
represented by an attorney.
    (3) The hearing official shall maintain a summary record of the 
hearing.
    (4) The decision of the hearing officer will be in writing, and will 
state:
    (i) The facts purported to evidence the nature and origin of the 
alleged debt;
    (ii) The hearing official's analysis, findings, and conclusions, in 
the light of the hearing, as to--
    (A) The employee's and/or agency's grounds,
    (B) The amount and validity of the alleged debt and,
    (C) The repayment schedule, if applicable.
    (5) The decision of the hearing official shall constitute the final 
administrative decision of the agency.