[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR17.4]

[Page 93]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 17--OVERPAYMENTS TO ANNUITANTS UNDER THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM--Table of Contents
 
Sec. 17.4  Initial determination.

    (a) The Director of the Office of Finance will be responsible for 
preparing an administrative file as a basis for determination in each 
case where an annuitant contests a claim to recover overpayment or 
requests waiver of recovery. This file shall include: all correspondence 
with the annuitant; documentation on the computation of the annuity or 
annuities in question; and any information available to the Department 
which bears on the application of the standards of waiver of recovery to 
the particular case.
    (b) On the basis of the administrative file, the Director, after 
consultation with and review of the preliminary findings by the Office 
of the Legal Adviser and Office of Employee Relations, Bureau of 
Personnel, shall prepare a preliminary finding. This preliminary finding 
shall contain a positive or negative determination on all material 
issues raised by the contest or request for waiver. In the latter case, 
there shall be a determination of the applicability or non-applicability 
of each of the standards set forth in Sec. 17.5.
    (c) The Director shall make the final administrative determination.
    (d) At any time before the final administrative decision, the 
Director may request the annuitant to supplement his or her submission 
with additional factual information and may request that the annuitant 
authorize the Department of State to have access to bank and other 
financial records bearing on the application of these regulations.