Scheme Nickname:
Federal Employee Debt Collection
The NCUA may initiate proceedings to collect a debt owed to the NCUA by federal employees or to other agencies by NCUA employees, either by administrative offset or salary offset. The debtor may request review of NCUA's determination of the existence or amount of the debt via written request; review is based on the written record unless an oral hearing is required by 12 CFR 797.7(d), 797.20(b). The review of written record or oral hearing shall be conducted by a hearing official, arranged either by the NCUA or in cooperation with another agency. The hearing official renders a final written decision based on the documentary evidence and oral hearing (if one was held).
Comments/Notes on Adjudication Structure:
Per 12 CFR 797.7(c) and 797.21(a), both when (1) the creditor is NCUA and the debtor is a NCUA employee and (2) the creditor is NCUA and the debtor is not a NCUA employee, but "NCUA cannot provide a prompt and appropriate hearing," NCUA may contact an agency included in a list in Appendix A to 5 CFR 581. The regulations otherwise do not specify which office or who conducts the hearing.
Types of Adjudication:
Type B
Comments/Notes on Adjudication Type(s):
Proceedings under this scheme are designated by the regulations as informal, and can include written submissions and informal conferences before the hearing official, at which both parties cam present evidence, witnesses, and argument. (12 CFR 797.9 ,12 CFR 797.21).
Verified by Agency:
Not verified
Is this a Major Adjudication:
No