- (a) The oral hearing under § 30.25 is not a formal evidentiary hearing subject to 5 U.S.C. 554, unless required by law.
(b) If the Secretary grants an oral hearing, the Secretary notifies the debtor in writing of:
- (1) The time and place for the hearing;
- (2) The debtor's right to representation; and
- (3) The debtor's right to present and cross examine witnesses.
(c) If the Secretary grants an oral hearing, the Secretary designates an official to:
- (1) Govern the conduct of the hearing;
- (2) Take all necessary action to avoid unreasonable delay in the proceedings;
- (3) Review the evidence presented at the hearing, the documents submitted by the debtor, and other relevant evidence; and
- (4) After considering the evidence, notify the debtor in writing of the official's decision regarding the issues identified in the notice under § 30.22(b)(3)(ii) or § 30.33(b)(3)(ii) and, if appropriate, the question of waiver of the debt.
- (d) The official designated under paragraph (c) of this section may decline to hear any witnesses or testimony not identified by the debtor in accordance with § 30.25(b)(2).
(e) The decision of the designated official under paragraph (c) of this section constitutes the final decision of the Secretary.
(Authority: 20 U.S.C. 1221-3(a)(1) and 1226a-1, 31 U.S.C. 3716(b))