[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR550.1107]

[Page 545-546]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 550--PAY ADMINISTRATION (GENERAL)--Table of Contents
 
   Subpart K--Collection by Offset From Indebted Government Employees
 
Sec. 550.1107  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 paying agency designated in appendix A of part 581 of 
this chapter to arrange for a hearing official, and the paying agency 
must then cooperate as provided by the FCCS as defined in Sec. 550.1103 
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 part 581 of this chapter 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 Sec. 550.1108 or a paying agency under 
Sec. 550.1109 regarding the existence and amount of the debt based on 
the

[[Page 546]]

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.

[51 FR 16670, May 6, 1986, as amended at 63 FR 72100, Dec. 31, 1998]