[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR92.21]

[Page 727-728]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 92_RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET--Table of Contents
 
Sec.  92.21  Deduction from pay.

    (a) After other, less severe collection actions have failed, the DOT 
operating element (see Sec.  92.5(g)) may implement steps to obtain 
collection by salary offset. The method and the amount of the salary 
offset shall be the method and amount stated in the creditor agency's 
demand letter (see Sec.  92.11) or notice (see Sec.  92.7), or, if 
applicable, in the decision of an administrative law judge or other 
hearing official after an employee-requested hearing on the matter. If a 
DOT operating element is the creditor, the procedures stated in Sec.  
92.11 shall be followed.

[[Page 728]]

    (b) Before a collection by salary offset may be made, the chief of 
the accounting or finance office of the paying DOT operating element 
shall be furnished with certified documentation by the creditor agency 
indicating that the creditor agency has sent the employee a demand 
letter pursuant to Sec.  92.11 of this part stating as a minimum:
    (1) The nature and amount of the indebtedness and the intention of 
the agency to initiate, at the expiration of thirty days, a proceeding 
to collect the debt by salary offset; and an explanation of the rights 
of the employee under this subsection;
    (2) That the employee has the opportunity to inspect and copy 
Government records relating to the debt;
    (3) That the employee has an opportunity to enter into a written 
agreement with the agency to establish a schedule for the repayment of 
the debt;
    (4) That the employee has an opportunity for a hearing on the 
determination of the agency concerning the existence or the amount of 
the debt, and in the case of an individual whose repayment schedule is 
established other than by a written agreement as described in paragraph 
(b)(3) of this section concerning the terms of the repayment schedule; 
and
    (5) That the creditor agency's regulations implementing 5 U.S.C. 
5514 have been approved by OPM (see 5 CFR 550.1108(a)).
    (c) Where a hearing has been held, a copy of the decision of the 
administrative law judge or other hearing official must be furnished to 
the chief of the accounting or finance office of the paying DOT 
operating element before collection of the indebtedness by salary offset 
may be initiated. The method and amount of the offset will be as stated 
in the decision.