[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: 34CFR32.7]



[Page 69]

 

                           TITLE 34--EDUCATION

 

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

DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents

 

Sec.  32.7  Pre-offset oral hearing.



    (a) Oral hearings are informal in nature. The Secretary and the 

employee, through their representatives, and by reference to the 

documentation submitted, explain their case. The employee may testify on 

his or her own behalf, subject to cross examination. Other witnesses may 

be called to testify only where the hearing official determines that 

their testimony is relevant and not redundant.

    (b) The hearing official shall:

    (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 at the hearing. The employee may not be 

represented by a person whose representation creates an actual or 

apparent conflict of interest.

    (d) Oral hearings are open to the public. However, the hearing 

official may close all or any portion of the hearing where to do so is 

in the best interests of the employee or the public.

    (e) Oral hearings may be conducted by conference call--

    (1) If the employee is located in a city outside the Washington, DC 

Metropolitan area;

    (2) At the request of the employee; or

    (3) At the discretion of the hearing official.



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