§ 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.

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