Goto Section: 1.1926 | 1.1928 | Table of Contents
FCC 1.1927
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 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 Sec. Sec. 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.
Goto Section: 1.1926 | 1.1928
Goto Year: 2007 |
2009
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