Goto Section: 1.1934 | 1.1936 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 1.1935 Obtaining the services of a hearing official.
(a) When the debtor does not work for the creditor agency and the
creditor agency cannot provide a prompt and appropriate hearing before
an administrative law judge or before a hearing official furnished
pursuant to another lawful arrangement, the creditor agency may contact
an agent of the Commission designated in Appendix A of 5 CFR part 581
for a hearing official, and the Commission will then cooperate as
provided by the FCCS and provide a hearing official.
(b) When the debtor works for the creditor agency, the creditor agency
may contact any agent (of another agency) designated in Appendix A of 5
CFR part 581 to arrange for a hearing official. Agencies must then
cooperate as required by the FCCS and provide a hearing official.
(c) The determination of a hearing official designated under this
section is considered to be an official certification regarding the
existence and amount of the debt for purposes of executing salary
offset under 5 U.S.C. 5514. A creditor agency may make a certification
to the Secretary of the Treasury under 31 CFR 550.1108 or a paying
agency under 31 CFR 550.1109 regarding the existence and amount of the
debt based on the certification of a hearing official. If a hearing
official determines that a debt may not be collected via salary offset,
but the creditor agency finds that the debt is still valid, the
creditor agency may still seek collection of the debt through other
means, such as offset of other Federal payments, litigation, etc.
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Goto Section: 1.1934 | 1.1936
Goto Year: 2011 |
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