FCC 1.1935 Revised as of October 1, 2007
Goto Year:2006 |
2008
Sec. 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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