§ 1.1927   Notification.

   (a) Salary offset deductions will not be made unless the Managing Director
   of the Commission, or the Managing Director's designee, provides to the
   employee at least 30 days before any deduction, written notice stating at a
   minimum:

   (1)  The Commission's determination that a debt is owed, including the
   origin, nature, and amount of the debt;

   (2) The Commission's intention to collect the debt by means of deduction
   from the employee's current disposable pay account;

   (3) The frequency and amount of the intended deduction (stated as a fixed
   dollar  amount  or as a percentage of pay, not to exceed 15 percent of
   disposable pay) and the intention to continue the deductions until the debt
   is paid in full or otherwise resolved;

   (4)  An  explanation  of  the Commission's policy concerning interest,
   penalties, and administrative costs (See § § 1.1940 and 1.1941), a statement
   that such assessments must be made unless excused in accordance with the
   FCCS;

   (5) The employee's right to inspect and copy Government records relating to
   the debt or, if the employee or his or her representative cannot personally
   inspect the records, to request and receive a copy of such records.

   (6) If not previously provided, the opportunity (under terms agreeable to
   the Commission) to establish a schedule for the voluntary repayment of the
   debt  or to enter into a written agreement to establish a schedule for
   repayment of the debt in lieu of offset. The agreement must be in writing,
   signed by both the employee and the Managing Director (or designee) of the
   Commission and documented in Commission files (see the FCCS).

   (7) The employee's right to a hearing conducted by an official arranged by
   the Commission (an administrative law judge, or alternatively, a hearing
   official not under the control of the head of the Commission) if a petition
   is filed as prescribed by this subpart.

   (8) The method and time period for petitioning for a hearing;

   (9)  That  the  timely  filing of a petition for hearing will stay the
   commencement of collection proceedings;

   (10) That the final decision in the hearing (if one is requested) will be
   issued at the earliest practical date, but not later than 60 days after the
   filing of the petition requesting the hearing unless the employee requests
   and the hearing official grants a delay in the proceedings;

   (11)  That  any  knowingly false, misleading, or frivolous statements,
   representations, or evidence may subject the employee to:

   (i) Disciplinary procedures appropriate under Chapter 75 of title 5, U.S.C.,
   part 752 of title 5, Code of Federal Regulations, or any other applicable
   statutes or regulations.

   (ii) Penalties under the False Claims Act sections 3729-3731 of title 31,
   U.S.C., or any other applicable statutory authority; or

   (iii) Criminal penalties under sections 286, 287, 1001, and 1002 of title
   18, U.S.C., or any other applicable statutory authority.

   (12) Any other rights and remedies available to the employee under statutes
   or regulations governing the program for which the collection is being made;
   and

   (13) Unless there are applicable contractual or statutory provisions to the
   contrary, that amounts paid on or deducted for the debt which are later
   waived or found not owed to the United States will be promptly refunded to
   the employee.

   (b) Notifications under this section shall be hand delivered with a record
   made of the date of delivery, or shall be mailed by certified mail, return
   receipt requested.

   (c) No notification, hearing, written responses or final decisions under
   this regulation are required by the Commission for:

   (1) Any adjustment to pay arising out of an employee's election of coverage,
   or change in coverage, under a Federal benefit program requiring periodic
   deductions from pay, if the amount to be recovered was accumulated over four
   pay periods or less;

   (2) A routine intra-Commission adjustment of pay that is made to correct an
   overpayment of pay attributable to clerical or administrative errors or
   delays in processing pay documents, if the overpayment occurred within the
   four  pay  periods  preceding the adjustment, or as soon thereafter as
   practical, the individual is provided written notice of the nature and the
   amount  of  the  adjustment  and  point of contact for contesting such
   adjustment; or

   (3) Any adjustment to collect a debt amounting to $50 or less, if, at the
   time of such adjustment, or as soon thereafter as practical, the individual
   is provided written notice of the nature and the amount of the adjustment
   and a point of contact for contesting such adjustment.

   return arrow Back to Top