[Code of Federal Regulations] [Title 41, Volume 3] [Revised as of July 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR105-56.004] [Page 272-273] TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT CHAPTER 105--GENERAL SERVICES ADMINISTRATION PART 105-56--SALARY OFFSET FOR INDEBTEDNESS OF GENERAL SERVICES ADMINISTRATION EMPLOYEES TO THE UNITED STATES--Table of Contents Sec. 105-56.004 Pre-offset notice. The employee is entitled to written notice from an appropriate program officer in his or her employing activity at least 30 days in advance of initiating a deduction from disposable pay informing him or her of: (a) The nature, origin and amount of the indebtedness determined by the General Services Administration or another agency to be due; (b) The intention of the agency to initiate proceedings to collect the debt through deductions from the employee's current disposable pay; (c) The amount, frequency, proposed beginning date, and duration of the intended deductions; (d) GSA's policy concerning how interest is charged and penalties and administrative cost assessed, including a statement that such assessments must be made unless excused under 31 U.S.C. 3717 and the FCCS, 4 CFR 101.1 et seq.; (e) The employee's right to inspect and copy Government records relating to the debt if Government records of the debt are not attached, or if the employee or his or her representative cannot personally inspect the records, the right to receive a copy of such records. Any costs associated therewith shall be borne by the debtor. The debtor shall give reasonable notice in advance to GSA of the date on which he or she intends to inspect and copy the records involved; [[Page 273]] (f) A demand for repayment providing for an opportunity, under terms agreeable to GSA, for the employee to establish a schedule for the voluntary repayment of the debt by offset or to enter into written repayment agreement of the debt in lieu of offset; (g) The employee's right to request a waiver from the General Accounting Office if a waiver of repayment is authorized by law; (h) The employee's right to pre-offset hearing conducted by a hearing official arranged by the appropriate program official of his or her employing activity if a petition is filed as prescribed by Sec. 105- 56.005. Such hearing official will be either an administrative law judge or a hearing official not under the control of the head of the agency and will be designated in accordance with the procedures established in 5 CFR 550.1107; (i) The method and time period for petitioning for a hearing, including a statement that the timely filing of a petition for hearing will stay the commencement of collection proceedings; (j) The issuance of a final decision on the hearing, if requested, at the earliest practicable date, but no later than 60 days after the petition is filed unless a delay is requested and granted; (k) The risk that any knowingly false or frivolous statements, representations, or evidence may subject the employee to: (1) Disciplinary procedures appropriate under 5 U.S.C. Chapter 75, 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; (3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002, or any other applicable statutory authority. (l) Any other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made. (m) The employee's right to a prompt refund if amounts paid or deducted are later waived or found not owed, unless otherwise provided by law; (n) The specific address to which all correspondence shall be directed regarding the debt.