; and (ii) if an individual is determined to be liable to repay funds under such section, the amount of any civil penalty or assessment to be imposed on the individual. (B) Procedures (i) In general Each hearing under this subsection shall be conducted— (I) in the case of an agency to which the provisions of subchapter II of chapter 5 of title 5, United States apply, in accordance with— (aa) the provisions of such subchapter to the extent that such provisions are not inconsistent with the provisions of this Act; and (bb) procedures promulgated by the authority head of the agency under clause (iii); or (II) in the case of an agency to which the provisions of such subchapter do not apply, in accordance with procedures promulgated by the authority head of the agency. (ii) Agencies to which subchapter II of chapter 5 does not apply The authority head of an agency shall by regulation promulgate procedures for the conduct of hearings under this subsection, which shall include the following: (I) The provision of written notice of the hearing to any individual alleged to be liable to repay funds under section 3, including written notice of— (aa) the time, place, and nature of the hearing; (bb) the legal authority and jurisdiction under which the hearing is to be held; and (cc) the matters of facts and law to be asserted. (II) The provision to any individual alleged to be liable to repay funds under section 3 of opportunities for the submission of facts, arguments, offers of settlement, or proposals of adjustment. (III) Procedures to ensure that the presiding officer shall not, except to the extent required for the disposition of ex parte matters as authorized by law— (aa) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to the hearing to participate