[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1650.107]

[Page 404]
 
                             TITLE 29--LABOR
 
          CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
 
PART 1650_DEBT COLLECTION--Table of Contents
 
    Subpart A_Procedures for the Collection of Debts by Salary Offset
 
Sec. 1650.107  Oral hearing.

    (a) Right to an oral hearing. After a decision is issued on an 
employee's request for reconsideration, or consideration of waiver, 
compromise, or forgiveness, the employee is entitled to an oral hearing 
upon request prior to salary or administrative offset, on any issue that 
raises a significant question as to the credibility or veracity of any 
individual(s) involved in his or her case. The decision whether such a 
genuine issue exists will rest solely with the Commission. Further, 
where a claim has been reduced to judgment, a hearing only on the 
payment schedule need be given. A hearing shall not be provided, 
however, where a payment schedule was established by written agreement 
between the employee and the Commission.
    (b) Request for hearing. (1) A request for an oral hearing must be 
made within 30 calendar days from the date of the written decision on 
reconsideration or consideration of waiver, forgiveness, or compromise 
decision. Requests made after this time will be accepted where the 
employee can show that the delay was because of circumstances beyond his 
or her control or because of failure to receive notice of the time 
limit, unless the employee is otherwise aware of it.
    (2) A debtor must file a petition for a hearing in writing. The 
petition must identify and explain with reasonable brevity the facts, 
evidence, and witnesses that the debtor believes support his or her 
petition, state the relief requested, and include the signature and 
address of the petitioner or authorized representative.
    (3) The timely filing of a petition for an oral hearing shall 
automatically stay the commencement of collection action.
    (c) Hearing procedures. (1) The hearing shall be conducted by a 
hearing official who is not an employee of EEOC or otherwise under the 
control or supervision of the Chairman.
    (2) A debtor may represent himself or herself or may be represented 
by another person, including an attorney during any portion of the 
hearing.
    (3) Where possible, the hearing will be held in a Commission office 
close to the debtor's home or place of work. Hearings may be scheduled 
so that several cases can be heard at one location. In such cases, the 
hearings will be scheduled in a location centrally located to all 
requesting parties.
    (4) A record or transcript of the hearing shall not be made.
    (5) At the hearing, the employee and the Commission may introduce 
evidence and may call witnesses. The hearing shall not be conducted in 
accordance with formal rules of evidence with regard to the 
admissibility of evidence or the use of evidence once admitted. The 
hearing official may only permit the introduction of evidence that is 
relevant to the issues being considered. Witnesses shall testify under 
oath and may be cross-examined. The Commission has the burden of first 
presenting evidence on the relevant issues. The debtor then has the 
burden of presenting evidence regarding those issues.
    (6) The hearing official shall issue a written opinion stating his 
or her decision with the rationale supporting the decision as soon as 
practicable after the hearing, but not later than 60 days after the 
timely filing of the petition requesting the hearing.