§  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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