Printing - FECA-PT2 - National Association of Letter Carriers

When the claimant requests postponement for a reason not specified in section 10.622 (c) of the
regulations, and it is too late to contact the claimant prior to the scheduled hearing, or H&R's
efforts to contact the claimant are unsuccessful, only options (1), (4), and (5) would remain
available to the claimant. The Hearing Representative must then notify the claimant as described
above that the request for postponement is not approved, that options (1), (4), and (5) are
available, and of the timeframes involved should he or she choose review of the written record.
e. Abandonment of Hearing Requests.
(1) A hearing can be considered abandoned only under very limited circumstances. All
three of the following conditions must be present: the claimant has not requested a
postponement; the claimant has failed to appear at a scheduled hearing; and the claimant
has failed to provide any notification for such failure within 10 days of the scheduled date of
the hearing.
Under these circumstances, H&R will issue a formal decision finding that the claimant has
abandoned his or her request for a hearing and return the case to the DO. In cases
involving pre-recoupment hearings, H&R will also issue a final decision on the overpayment,
based on the available evidence, before returning the case to the DO.
(2) However, in any case where a request for postponement has been received,
regardless of any failure to appear for the hearing, H&R should advise the claimant that
such a request has the effect of converting the format from an oral hearing to a review of
the written record.
This course of action is correct even if H&R can advise the claimant far enough in advance
of the hearing that the request is not approved and that the claimant is therefore expected
to attend the hearing, and the claimant does not attend.
f. Subpoenas. A claimant who wants a subpoena issued for the attendance and testimony of
a witness, or for the production of documents which are relevant and material to any matter at
issue in the hearing, must file a written request for same with H&R no later than 60 days after the
original hearing request. The request must designate the witness or documents to be produced,
and clearly describe the address and location of the witness or documents to be subpoenaed. The
request must also explain why the testimony or evidence is directly relevant to the issues at hand,
and must demonstrate that a subpoena is the best and only method or opportunity to obtain such
evidence. The Hearing Representative has the discretion to decide that such facts could be
established by other evidence without the issuance of a subpoena.
If H&R determines that issuance of a subpoena is reasonably necessary for the full presentation of
the case, a subpoena will be issued in the name of the Hearing Representative which compels the
attendance of witnesses within a radius of 100 miles of the site of the hearing. Non-Government
witnesses who are subpoenaed shall be paid the same fees and mileage as are paid for like
services in the District Court of the United States where the subpoena was returnable. However,
the fee for an expert witness shall not exceed the local customary fee for such service.
FECA-PT2 Printed: 06/08/2010 660