[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: 45CFR708.5]



[Page 311-312]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 708_COLLECTION BY SALARY OFFSET FROM INDEBTED CURRENT AND FORMER 

EMPLOYEES--Table of Contents

 

Sec. 708.5  Notice.



    (a) Deductions shall not be made unless the employee who owes the 

debt has been provided with written notice signed by the Deputy Staff 

Director or in his or her absence, or in the event of a vacancy in that 

position or its elimination, the Director of Human Resources (or the 

U.S. Department of Agriculture, National Finance Center acting on behalf 

of the Commission) of the debt at least 30 days before salary offset 

commences.

    (b) The written notice from the Deputy Staff Director, acting on 

behalf of the Commission, as the creditor agency, shall contain:

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

origin, 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 the requirements concerning the current 

interest rate, penalties, and administrative costs, including a 

statement that such charges will be assessed unless excused in 

accordance with the Federal Claims Collections Standards (4 CFR chapter 

I);

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

the government records relating to the debt;

    (6) The employee's right to enter into a written repayment schedule 

for the voluntary repayment of the debt in lieu of offset;

    (7) The right to a hearing conducted by an impartial hearing 

official (either an administrative law judge or an official who is not 

under the control of the Commission);

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

    (9) A statement that the timely filing (i.e., within 15 calendar 

days) of a petition for a hearing will stay the commencement of 

collection proceedings;

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

requested) 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.

    (11) A statement that an employee knowingly submitting false or 

frivolous statements (5 CFR 550.1101), representations, or evidence may 

subject the employee to disciplinary procedures under 5 U.S.C. 7501 et 

seq. and 5 CFR part 752; penalties under the False Claims Act, 31 U.S.C. 

3729-3731; or criminal penalties under 18 U.S.C. 286, 287, 1001, and 

1002;

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

employee



[[Page 312]]



under statutes or regulations governing the program for which the 

collection is being made;

    (13) A statement that an employee will be promptly refunded any 

amount paid or deducted for a debt that is later waived or found not 

valid unless there are applicable contractual or statutory provisions to 

the contrary; and

    (14) The name, address, and phone number of an official who can be 

contacted concerning the indebtedness.