256.11—Applicable legal principles.
(a)
The hearing official may not find that the Commission's determination of the existence or amount of the employee's debt was erroneous—
(2)
On the basis that the employee is owed monies by the United States (other than regular salary) and that payment of that debt by the United States would eliminate or reduce the debt, unless the employee has, not later than 45 days after receipt of advance notice of the debt under § 256.4, submitted written confirmation by the agency which is indebted to the employee that such money is owed and has assigned the payment of that money to the Commission; or
(3)
On the basis of any factual or legal argument that was decided on the merits adversely to the employee in a court of competent jurisdiction.
(b)
In determining whether the Chief Financial Officer's decision concerning the existence or amount of the employee's debt is clearly erroneous, the hearing official shall be bound by the relevant Federal statutes and regulations governing the program which gave rise to the debt, and general principles of the law of the United States, if relevant.