Goto Section: 1.1927 | 1.1929 | Table of Contents
FCC 1.1928
Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 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 Commission.
(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 an
attorney.
(3) The hearing official shall maintain a summary record of the hearing.
(4) The decision of the hearing officer shall be in writing, and shall
state:
(i) The facts purported to evidence the nature and origin of the alleged
debt;
(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.
Goto Section: 1.1927 | 1.1929
Goto Year: 2006 |
2008
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