[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR22.5]

[Page 206-207]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 22--SALARY OFFSET--Table of Contents
 
Sec. 22.5  Notice requirements before offset.

    Except as provided in Sec. 22.1, deductions will not be made unless 
the Secretary provides the employee with a minimum of 30 calendar days 
written notice. This Notice of Intent to offset an employee's salary 
(Notice of Intent) will state:
    (a) That the Secretary has reviewed the records relating to the 
claim and has determined that a debt is owed, the amount of the debt, 
and the facts giving rise to the debt;
    (b) The Secretary's intention to collect the debt by means of 
deduction from the employee's current disposable pay account until the 
debt and all accumulated interest are paid in full;
    (c) The amount, frequency, approximate beginning date, and duration 
of the intended deductions;
    (d) An explanation of the Department's requirements concerning 
interest, penalties and administrative costs unless such payments are 
excused in accordance with Sec. 22.15;
    (e) The employee's right to inspect and to request and receive a 
copy of Department records relating to the debt;
    (f) The right to a hearing conducted by an administrative law judge 
of the Department or a hearing official, not under the control of the 
Secretary, on the Secretary's determination of the debt, the amount of 
the debt, or the repayment schedule (i.e., the percentage of disposable 
pay to be deducted each pay period), so long as a petition is filed by 
the employee as prescribed by the Secretary;
    (g) The method and time period for requesting a hearing;
    (h) That the timely filing of a petition for hearing will stay the 
collection proceedings; (See Sec. 22.6);
    (i) That a final decision on the hearing 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;
    (j) Any other rights and remedies available to the employee under 
statutes or regulations governing the program for which the collection 
is being made; and
    (k) That any knowingly false or frivolous statements, 
representations, or evidence may subject the employee to:

[[Page 207]]

    (1) Disciplinary procedures appropriate under 5 U.S.C. 7501 et seq., 
5 CFR Part 752, or any other applicable statutes or regulations;
    (2) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or 
any other applicable statutory authority; or
    (3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002 or 
any other applicable statutory authority.
    (l) Unless there are applicable contractual or statutory provisions 
to the contrary, 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.