15 C.F.R. § 22.7 Hearing procedures.
Title 15 - Commerce and Foreign Trade
(a) The hearing will be presided over by either: (1) A Department administrative law judge; or (2) A hearing official not under the control of the Secretary. (b) The hearing shall conform to §102.3(c) of the Federal Claims Collection Standards (4 CFR 102.3(c)). (c)(1) If the Secretary's determination regarding the existence or amount of the debt is contested, the burden is on the employee to demonstrate that the Secretary's determination was erroneous. (2) If the hearing official finds the Secretary's determination of the amount of the debt was erroneous, the hearing official shall indicate the amount owed by the employee, if any. (d)(1) If the Secretary's offset schedule is contested, the burden is on the employee to demonstrate that the payments called for under the Secretary's schedule will produce an extreme financial hardship for the employee under §22.9. (2) If the hearing official finds that the payments called for under the Secretary's offset schedule will produce an extreme financial hardship for the employee, the hearing official shall establish an offset schedule that will result in the repayment of the debt in the shortest period of time without producing an extreme financial hardship for the employee.
Title 15: Commerce and Foreign Trade
PART 22—SALARY OFFSET
§ 22.7 Hearing procedures.
