Sec. 1.1928  Hearing.

    (a) Petition for Hearing. (1) A hearing may be requested by filing a 
written petition with the Managing Director of the Commission, or such 
other official as may be named by the Managing Director of the 
Commission, stating why the employee believes the determination of the 
agency concerning the existence or the amount of the debt is in error.
    (2) The employee's petition must be signed 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 above, the Commission will nevertheless accept the 
petition if the employee can show 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 (3) above, 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 agency 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 himself 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 agency.

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