20 CFR § 361.9 - Exception to requirement that a hearing be offered.

---
identifier: "/us/cfr/t20/s361.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 361.9 - Exception to requirement that a hearing be offered."
title_number: 20
title_name: "Employees' Benefits"
section_number: "361.9"
section_name: "Exception to requirement that a hearing be offered."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "F"
subchapter_name: "INTERNAL ADMINISTRATION, POLICY AND PROCEDURES"
part_number: "361"
part_name: "RECOVERY OF DEBTS OWED TO THE UNITED STATES GOVERNMENT BY GOVERNMENT EMPLOYEES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 5514(b)(1)."
regulatory_source: "53 FR 45262, Nov. 9, 1988, unless otherwise noted."
cfr_part: "361"
---


# 361.9 Exception to requirement that a hearing be offered.

When an employee is overpaid due to the hours worked reported on the payroll exceeding the actual hours worked, no pre-offset hearing must be granted since in such cases there is no question regarding credibility and veracity. In these cases the Board will make its determination under this part based upon review of the written record.