Regulations last checked for updates: May 02, 2025

Title 39 - Postal Service last revised: Apr 23, 2025
§ 961.8 - (Rule 8) Hearing Official's authority and responsibilities.

The Hearing Official's authority includes, but is not limited to:

(a) Ruling on motions and requests by the parties.

(b) Issuing notices, orders, and memoranda to the parties concerning the hearing proceedings.

(c) Conducting telephone conferences with the parties to expedite the proceedings and schedule further proceedings. The Hearing Official will prepare a memorandum of telephone conference, which will be sent to both parties and will serve as the official record of that conference.

(d) Determining whether the petition will be decided after an oral hearing or on the written record. If an oral hearing is held, the Hearing Official will set the place, date, and time for a hearing.

(e) Administering oaths and affirmations to witnesses.

(f) Conducting the hearing in a manner to maintain discipline and decorum while ensuring that relevant, reliable, and probative evidence is elicited on the issues in dispute and irrelevant, immaterial, or repetitious evidence is excluded. The Hearing Official may examine witnesses to ensure that a satisfactory record is developed.

(g) Establishing the record in the case. The weight to be attached to any evidence will rest within the Hearing Official's discretion. Except as the Hearing Official may otherwise allow, no evidence will be received after completion of an oral hearing or, in cases submitted on the written record, after notification by the Hearing Official that the record is closed. The Hearing Official may require either party, with appropriate notice to the other party, to submit additional evidence on any relevant matter at any time within the Hearing Official's discretion.

(h) Granting reasonable time extensions, suspending proceedings, or other relief for good cause shown in the Hearing Official's sole discretion.

(i) Issuing the final decision. The decision will include a determination of the validity and amount of the alleged debt and, where applicable, the repayment schedule. The Hearing Official will issue the decision as soon as practicable after the close of the record. Collection activity remains stayed until the decision is issued.

source: 90 FR 9220, Feb. 10, 2025, unless otherwise noted.
cite as: 39 CFR 961.8