(2) The involuntary repayment schedule or financial hardship caused by the amount of the involuntary deduction from the employee's disposable pay, unless the employee has submitted the financial statement and written explanation required under § 32.4(c); and
(3) The determination under paragraph (b) of this section that the pre-offset hearing is on the written submissions.
(b) Unless the Secretary determines that a matter reviewable under paragraph (a) of this section turns on an issue of credibility or veracity or cannot be resolved by a review of the documentary evidence, the pre-offset hearing is on the written submissions.
(c) A pre-offset hearing is based on the written submissions for overpayments arising from:
(1) A termination of a temporary promotion;
(2) A cash award;
(3) An erroneous salary rate;
(4) Premature granting of a within-grade increase;
(5) A lump sum payment for annual leave;
(6) Unauthorized appointment to a position;
(7) An error on time and attendance records; or
(8) Other circumstances where the Secretary determines that an oral hearing is not required.
(d) The hearing is conducted by a hearing official who is not an employee of the Department or under the supervision or control of the Secretary.
(e) Formal discovery between the parties is not provided.
(Authority: 5 U.S.C. 5514; 31 U.S.C. 3716)
Title 34 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.