[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR179.207]

[Page 32-33]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 179_CLAIMS COLLECTION STANDARDS--Table of Contents
 
                         Subpart B_Salary Offset
 
Sec. 179.207  Hearing.

    (a) Request for hearing. Except as provided in paragraph (b) of this 
section, an employee who desires a hearing concerning the existence or 
amount of the debt or the proposed offset schedule must send such a 
request to the office designated in the notice of intent (Sec. 
179.207(a)(10)). The request (or petition) for hearing must be received 
by the designated office not later than 15 calendar days following the 
employee's receipt of the notice. The employee's request (or petition) 
must:
    (1) Be signed by the employee;
    (2) Fully identify and explain with reasonable specificity all the 
facts, evidence and witnesses, if any, that the employee believes 
support his or her position; and
    (3) Specify whether an oral or paper hearing is requested. If an 
oral hearing is desired, the request should explain why the matter 
cannot be resolved by review of the documentary evidence alone (4 CFR 
102.3(c)).
    (b) Failure to timely submit. (1) If the employee files a petition 
for a hearing after the expiration of the 15 calendar day period 
provided for in paragraph (a) of this section, the Office may accept the 
request if the employee can show that the delay was the result of 
circumstances beyond his of her control or failure to receive actual 
notice of the filing deadline (unless the employee had actual notice of 
the filing deadline).
    (2) An employee waives the right to a hearing, and will have his or 
her disposable pay offset in accordance with the Office offset schedule, 
if the employee:
    (i) Fails to file a timely request for a hearing unless such failure 
is excused; or
    (ii) Fails to appear at an oral hearing of which he or she was 
notified unless the hearing official determines that failure to appear 
was due to circumstances beyond the employee's control.
    (c) Representation at the hearing. The creditor agency may be 
represented by legal counsel. The employee may represent himself or 
herself or may be represented by an individual of his or her choice and 
at his or her expense.
    (d) Review of Office records related to the debt. (1) An employee 
who intends to inspect or copy creditor agency records related to the 
debt, as provided by Sec. 179.207(a)(5), must send a letter to the 
official designated in the notice of intent to offset stating his or her 
intention. The letter must be received within 15 calendar days after the 
employee's receipt of the notice.
    (2) In response to a timely request submitted by the debtor, the 
designated official will notify the employee of the location and time 
when the employee may inspect and copy records related to the debt.
    (3) If personal inspection is impractical, arrangements shall be 
made to end copies of such records to the employee.
    (e) Hearing official. The Office may request an administrative law 
judge to conduct the hearing, or the Office may obtain a hearing 
official who is not under the supervision or control of the Director of 
OPM.
    (f) Obtaining the services of a hearing official when OPM is the 
creditor agency. (1) When the debtor is not an OPM employee and the 
Office cannot provide a prompt and appropriate hearing before a hearing 
official furnished pursuant to another lawful arrangement, the Office 
may contact an agent of the paying agency designated in 5 CFR part 581, 
appendix A, or other individual designated by the paying agency, and 
request a hearing official.

[[Page 33]]

    (2) When the debtor is an OPM employee, the Office may contact any 
agent of another agency designated in 5 CFR part 581, appendix A, or 
otherwise designated by that agency, to request a hearing official.
    (g) Procedure--(1) General. After the employee requests a hearing, 
the hearing official shall notify the employee of the form of the 
hearing to be provided. If the hearing will be oral, the notice shall 
set forth the date, time and location of the hearing. If the hearing 
will be paper, the employee shall be notified that he or she should 
submit arguments in writing to the hearing official by a specified date 
after which the record shall be closed. This date shall give the 
employee reasonable time to submit documentation.
    (2) Oral hearing. An employee who requests an oral hearing shall be 
provided an oral hearing if the hearing official determines that the 
matter cannot be resolved by review of documentary evidence alone (e.g., 
when an issue of credibility or veracity is involved). The hearing is 
not an adversarial adjudication and need not take the form of an 
evidentiary hearing. Oral hearings may take the form of, but are not 
limited to:
    (i) Informal conferences with the hearing official, in which the 
employee and agency representative will be given full opportunity to 
present evidence, witnesses, and argument;
    (ii) Informal meetings with an interview of the employee; or
    (iii) Formal written submissions with an opportunity for oral 
presentation.
    (3) Paper hearing. If the hearing official determines that an oral 
hearing is not necessary, he or she will make a determination based upon 
a review of the available written record (4 CFR 102.3(c) (2) and (3)).
    (4) Record. The hearing official must maintain a summary record of 
any hearing provided by this subpart (4 CFR 102.3(c)(1)(ii)). Witnesses 
who testify in oral hearings will do so under oath or affirmation.
    (h) Date of decision. The hearing official shall issue a written 
opinion stating his or her decision, based upon documentary evidence and 
information developed at the hearing, as soon as practicable after the 
hearing, but not later than 60 days after the date on which the petition 
was received by the creditor agency, unless the employee requests a 
delay in the proceedings. In such case the 60-day decision period shall 
be extended by the number of days by which the hearing was postponed.
    (i) Content of decision. The written decision shall include:
    (1) A statement of the facts presented to support the origin, 
nature, and amount of the debt;
    (2) The hearing official's findings, analysis, and conclusions 
including a determination whether the debtor's petition for hearing was 
baseless and resulted from an intent to delay creditor agency collection 
activity and whether the Office should pursue other actions against the 
debtor as provided by 5 CFR 550.1104(d)(11); and
    (3) The terms of any repayment schedules, if applicable.
    (j) Failure to appear. In the absence of good cause shown (e.g., 
illness), an employee who fails to appear at a hearing shall be deemed, 
for the purpose of this subpart, to admit the existence and amount of 
the debt as described in the notice of intent. If the representative of 
the creditor agency fails to appear, the hearing official shall proceed 
with the hearing as scheduled and make his/her determination based upon 
the oral testimony presented and the documentary evidence submitted by 
both parties. With the agreement of both parties, the hearing official 
shall schedule a new hearing date. Both parties shall be given 
reasonable notice of the time and place of the new hearing.