[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR32.6]



[Page 68-69]

 

                           TITLE 34--EDUCATION

 

PART 32_SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES FROM 

DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents

 

Sec.  32.6  Request for a pre-offset hearing.



    (a) Except for an employee who has requested a waiver of collection 

of the debt under Sec.  32.4(b), an employee who wishes a pre-offset 

hearing must request the hearing within 15 days of receipt of the 

written notice given under Sec.  32.3. The Secretary waives the 15-day 

requirement if the employee shows that the delay was because of 

circumstances beyond his or her control or because of failure to receive 

notice and lack of knowledge of the time limit.

    (b) An employee who has requested a waiver under Sec.  32.4(b) may 

request a hearing within 10 days of receipt of a determination by the 

Secretary denying a waiver.

    (c) The request for a hearing must:

    (1) Be in writing;

    (2) State why the employee:

    (i) Contests the existence or amount of the overpayment; or

    (ii) Claims that the involuntary repayment schedule will cause 

extreme financial hardship;

    (3) Include all documents on which the employee is relying, other 

than those provided by the Secretary under Sec.  32.3; any document 

which is a statement of an individual must be in the form of an 

affidavit; and

    (4) Be submitted to the designated hearing official with a copy to 

the Secretary.

    (d) If the employee timely requests a pre-offset hearing or the 

timelines are waived under paragraph (a) of this section, the Secretary:

    (1) Notifies the employee whether the employee may elect an oral 

hearing; and

    (2) Provides the hearing official with a copy of all records on 

which the determination of the overpayment and any involuntary repayment 

schedule are based.

    (e) An employee who has been given the opportunity to elect an oral 

hearing and who does elect an oral hearing must notify the hearing 

official and the Secretary of his or her election in writing within 7 

days of receipt of the notice under paragraph (d)(1) of this section and 

must identify all proposed witnesses and all facts and evidence about 

which they will testify.

    (f) Where an employee requests an oral hearing, the hearing official 

notifies the Secretary and the employee of the date, time, and location 

of the hearing. However:

    (1) The employee subsequently may elect to have the hearing based 

only on the written submissions by notifying the hearing official and 

the Secretary at least 3 calendar days before the date of the oral 

hearing. The hearing official may waive the 3-day requirement



[[Page 69]]



for good cause when the employee notifies the hearing official before 

the date of the hearing; and

    (2) The request for a hearing of an employee who fails to appear at 

the oral hearing must be dismissed and the Secretary's decision 

affirmed.



(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)