256.6—Request for a hearing; prehearing submissions.
(a)
An employee's request for a hearing or waiver under § 256.5 must be filed not later than 15 days from the date of receipt of the formal notice.
(b)
Not later than three days prior to a scheduled hearing date, the employee may notify the Chief Financial Officer of his election to have the matter determined by the hearing official solely on the basis of written submissions. If no such election is filed by the employee, the hearing shall be conducted as an oral proceeding.
(1)
Notify the employee of the time, date, and location of the hearing, if a determination solely on the basis of written submissions has not been requested; and
(2)
Provide copies of the records in the possession of the agency relating to the employee's debt to the hearing official and, if he has not previously received the records, to the employee.
(d)
If the employee files a request for a hearing that is not timely, he will be granted a hearing if he establishes that his failure to file within the time prescribed was because of circumstances beyond his control or because he did not receive the notice of the time limit and was not otherwise aware of it.
(e)
If the employee contests the Commission determination of the existence or amount of the debt, he shall, not later than 10 days prior to the scheduled hearing date, file the following documents:
(1)
A statement of the reasons why the employee believes that the Commission determination of the existence or amount of the debt was clearly erroneous. The statement shall include a recitation of the facts on which the employee relies to support his belief and any legal arguments supporting his position;
(2)
A list of witnesses the employee intends to call at the hearing and a statement of why their testimony is desired; and
(3)
A copy of the records that the employee intends to introduce at the hearing, if they differ from those provided by the Commission.
(f)
If the employee contests the Commission's proposed offset schedule, he shall, not later than 10 days prior to the scheduled hearing date, file the following:
(2)
A statement of the reasons why the proposed offset against disposable pay will produce an extreme financial hardship;
(4)
A list of witnesses the employee intends to call at the hearing and a statement of why their testimony is desired; and
(5)
A copy of the records that the employee intends to introduce at the hearing, if they differ from those provided by the Commission.
(g)
The Chief Financial Officer shall file, not later than 10 days prior to the scheduled hearing date, a list of witnesses that the Commission intends to call at the hearing.
(h)
Material submitted by an employee in connection with a request for reconsideration or for a waiver under § 256.4 need not be resubmitted in connection with the proceeding under this section.
(i)
Material required to be filed under paragraphs (e), (f), and (g) of this section shall be filed with the hearing official and copies shall be provided to the opposing party.