§  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