204.36 Granting of a pre-offset hearing.§ 204.36 Granting of a pre-offset hearing.
(a) If the employee timely requests a pre-offset hearing or the timeliness is waived, the program official must:
(1) arrange for a hearing official. If the hearing official is an administrative law judge, he or she shall be designated by the Chief Administrative Law Judge as set forth in 17 CFR 200.310(a)(2); and
(2) provide the hearing official with a copy of all records on which the determination of the debt and any involuntary repayment schedule are based.
(b) The hearing official shall notify the employee by personal service, by first class, registered or certified mail, or by a reliable commercial courier or overnight delivery service whether the employee is entitled to an oral or “paper” (i.e., a review on the written record) hearing. (See 31 CFR 901.3(e).) Within 20 calendar days of receipt of this notice the employee shall provide the hearing official with a full description of all relevant facts, documentary evidence, and witnesses which the employee believes support his or her position. The hearing official may extend the time for the employee to respond to the notice for good cause shown.
(c) If an oral hearing is scheduled, the hearing official shall notify the program official and the employee in writing of the date, time and location of the hearing. The place for the hearing shall be fixed by the hearing official with due regard for the public interest and the convenience and necessity of the parties, the participants, or their representatives.
(d) If the employee is entitled to an oral hearing, but requests to have the hearing based only on the written submissions, the employee must notify the hearing official and the program official at least 3 calendar days before the date of the oral hearing. The hearing official may waive the 3-day requirement for good cause.
(e) Failure of the employee to appear at the oral hearing may result in dismissal of the petition and affirmation of the program official's decision.[58 FR 38520, July 19, 1993, as amended at 66 FR 54131, Oct. 26, 2001]