FCC 1.1928 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.1928 Hearing.
(a) Petition for hearing. (1) An employee may request a hearing by
filing a written petition with the Managing Director of the Commission,
or designated official stating why the employee believes the
determination of the Commission concerning the existence or the amount
of the debt is in error.
(2) The employee's petition must be executed under penalty of perjury
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 fifteenth (15) calendar day
deadline referred to paragraph (a) (3) of this section, the Commission
will nevertheless accept the petition if the employee can show, in
writing, that the delay was due to circumstances beyond his or her
control, or because of failure to receive notice of the time limit
(unless otherwise aware of it).
(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 the
(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 the Commission except that nothing herein shall
be construed to prohibit the appointment of an administrative law judge
by the Commission. 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 Commission 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 him or herself, or may be represented by
(3) The hearing official shall maintain a summary record of the
(4) The decision of the hearing officer shall be in writing, and shall
(i) The facts purported to evidence the nature and origin of the
(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 Commission.
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