[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR607.4]



[Page 104]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 607_SALARY OFFSET--Table of Contents

 

Sec. 607.4  Notice requirements before offset.



    (a) Salary offset shall not be made against an employee's pay unless 

the employee is provided with written notice signed by the Chief 

Financial Officer of the debt at least 30 days before salary offset 

commences.

    (b) The written notice shall contain:

    (1) A statement that the debt is owed and an explanation of its 

nature and amount;

    (2) The agency's intention to collect the debt by deducting from the 

employee's current disposable pay account;

    (3) The amount, frequency, proposed beginning date, and duration of 

the intended deduction(s);

    (4) An explanation of interest, penalties, and administrative 

charges, including a statement that such charges will be assessed unless 

excused in accordance with the Federal Claims Collections Standards at 4 

CFR 101.1;

    (5) The employee's right to inspect, request, and receive a copy of 

government records relating to the debt;

    (6) The employee's opportunity to establish a written schedule for 

the voluntary repayment of the debt in lieu of offset;

    (7) The employee's right to an oral hearing or a determination based 

on a review of the written record (``paper hearing'') conducted by an 

impartial hearing official concerning the existence or the amount of the 

debt, or the terms of the repayment schedule;

    (8) The procedures and time period for petitioning for a hearing;

    (9) A statement that a timely filing of a petition for a hearing 

will stay the commencement of collection proceedings;

    (10) A statement that a final decision on the hearing (if requested) 

will be issued by the hearing official 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;

    (11) A statement that knowingly false or frivolous statements, 

representations, or evidence may subject the employee to appropriate 

disciplinary procedures and/or statutory penalties;

    (12) A statement of other rights and remedies available to the 

employee under statutes or regulations governing the program for which 

the collection is being made;

    (13) Unless there are contractual or statutory provisions to the 

contrary, a statement that 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; and

    (14) A statement that the proceedings regarding such debt are 

governed by section 5 of the Debt Collection Act of 1982 (5 U.S.C. 

5514).