§ 3.77 Hearing.

(a) If an employee timely files a petition for a hearing under § 3.75, USDA will select the time, date, and location for the hearing. (b) A hearing will not be held and Federal salary offset will not be pursued if the cost of the hearing is greater than the delinquent debt. (c)(1) Hearings will be conducted by the hearing official designated in accordance with 5 CFR 550.1107; and (2) Rules of evidence will not be adhered to, but the hearing official will consider all evidence that he or she determines to be relevant to the debt that is the subject of the hearing and weigh it accordingly, given all of the facts and circumstances surrounding the debt. (d) USDA will have the burden of going forward to prove the existence of the debt. (e) The employee requesting the hearing will bear the ultimate burden of proof. (f) The evidence presented by the employee must prove that no debt exists or cast sufficient doubt such that reasonable minds could differ as to the existence of the debt.