§ 1.1935   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
   Commission  designated  in  Appendix A of 5 CFR part 581 for a hearing
   official, and the Commission will then cooperate as provided by the FCCS 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 5 CFR part
   581 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 31 CFR 550.1108 or a paying agency under 31 CFR 550.1109
   regarding the existence and amount of the debt based on the 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.

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