[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1650.104]

[Page 385]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1650--DEBT COLLECTION--Table of Contents
 
   Subpart A--Procedures for the Collection of Debts by Salary Offset
 
Sec. 1650.104  Notice of salary offset.

    (a) Notice of the Commission's intent to collect a debt by salary 
offset shall be given at least 30 days in advance. The written notice 
shall include, inter alia, the following:
    (1) The Commission's determination that a debt is owed, including 
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 disposal pay account;
    (3) The amount, frequency, proposed beginning date, and duration of 
the intended deduction(s);
    (4) An explanation of the Commission's policy concerning interest, 
penalties, and administrative costs;
    (5) The employee's right to inspect and copy the Commission's 
records relating to the debt;
    (6) The opportunity to establish a schedule for voluntary repayment 
of the debt agreeable to the Commission in lieu of an offset;
    (7) The employee's right to an oral hearing, the method and time 
period for petitioning for a hearing, and the oral hearing procedures;
    (8) The employee's right to request reconsideration of the validity 
of the indebtedness; and
    (9) The employee's right to request waiver, forgiveness, or 
compromise and the standards involved for each.
    (b) Exception to the advance notice requirement. Where an adjustment 
to pay arises out of an employee's election of coverage or change in 
coverage under a Federal benefits program requiring periodic deductions 
from the employee's pay and the amount to be recovered was accumulated 
over four pay periods or less, the advance notice provision in paragraph 
(a) of this section is not required. In such cases, the Commission's 
servicing Payroll Office, General Services Administration's National 
Payroll Center, will notify the employee in writing that because of the 
employee's election his or her pay will be reduced to cover the period 
between the effective date of the election and the first regular 
withholding, and that the employee may dispute the amount collected or 
request waiver of the debt by filing a request in writing with the 
Director of Financial and Resource Management Services.
    (c) Acknowledgment of receipt of advance notice. Notice will be 
acknowledged in writing. A copy of the notice with the acknowledgment 
containing the debtor's original signature will be returned to the 
sender.