34 CFR 34.9 - Conditions for an oral hearing.
(a) We provide an oral hearing if you -
(1) Request an oral hearing; and
(2) Show in the request a good reason to believe that we cannot resolve the issues in dispute by review of the documentary evidence, by demonstrating that the validity of the claim turns on the credibility or veracity of witness testimony.
(b) If we determine that an oral hearing is appropriate, we notify you how to receive the oral hearing.
(1) At your option, an oral hearing may be conducted either in-person or by telephone conference.
(2) We provide an in-person oral hearing with regard to administrative debts only in Washington D.C.
(3) We provide an in-person oral hearing with regard to debts based on student loan or grant obligations only at our regional service centers in Atlanta, Chicago, or San Francisco.
(4) You must bear all travel expenses you incur in connection with an in-person hearing.
(5) We bear the cost of any telephone calls we place in order to conduct an oral hearing by telephone.
(1) To arrange the time and location of the oral hearing, we ordinarily attempt to contact you first by telephone call to the number you provided to us.
(2) If we are unable to contact you by telephone, we leave a message directing you to contact us within 5 business days to arrange the time and place of the hearing.
(3) If we can neither contact you directly nor leave a message with you by telephone -
(i) We notify you in writing to contact us to arrange the time and place of the hearing; or
(ii) We select a time and place for the hearing, and notify you in writing of the time and place set for the hearing.
(e) We consider you to have withdrawn the request for an oral hearing if -
(1) Within 15 days of the date of a written notice to contact us, we receive no response to that notice; or
(2) Within five business days of the date of a telephone message to contact us, we receive no response to that message.