[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1450.21]

[Page 86-87]
 
                             TITLE 29--LABOR
 
         CHAPTER XII--FEDERAL MEDIATION AND CONCILIATION SERVICE
 
PART 1450_COLLECTIONS OF CLAIMS OWED THE UNITED STATES--Table of Contents
 
                         Subpart C_Salary Offset
 
Sec.  1450.21  Notification.

    (a) Salary offset deductions shall not be made unless the Director 
of the Financial Management Staff of FMCS, or such other official as may 
be named in the future by the Director of FMCS, provides to the 
employee--at least 30 days before any deduction--a written notice 
stating at a minimum:
    (1) The agency's determination that a debt is owed, including the 
origin, nature, and amount of the debt;
    (2) The agency's intention to collect the debt by means of deduction 
from the employee's current disposable pay account;
    (3) The amount, frequency, proposed beginning date, and duration of 
the intended deductions;
    (4) An explanation of the agency's policy concerning interest, 
penalties,

[[Page 87]]

and administrative costs (subpart D of this regulation), a statement 
that such assessment must be made unless excused in accordance with the 
FCCS;
    (5) The employee's right to inspect and copy Government records 
relating to the debt or, if the employee or his or her representative 
cannot personnally inspect the records, to request and receive a copy of 
such records;
    (6) If not previously provided, the opportunity (under terms 
agreeable to the agency) to establish a schedule for the voluntary 
repayment of the debt or to enter into a written agreement to establish 
a schedule for repayment of the debt in lieu of offset. The agreement 
must be writing, signed by both the employee and the Director of the 
Financial Management Staff of FMCS, and documented in agency files (4 
CFR 102.11).
    (7) The employee's right to a hearing conducted by an official 
arranged by the agency (an administrative law judge or alternatively, a 
hearing official not under the control of the head of the agency) if a 
petition is filed as prescribed by Sec.  1450.22.
    (8) The method and time period for petitioning for a hearing;
    (9) That the timely filing of a petition for hearing will stay the 
commencement of collection proceedings;
    (10) 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) That any knowingly false, misleading, or frivolous statements, 
representations, or evidence may subject the employee to:
    (i) Disciplinary procedures appropriate under chapter 75 of title 5, 
U.S.C., part 752 of title 5, CFR, or any other applicable status or 
regulations;
    (ii) Penalties under the False Claims Act sections 3729-3731 of 
title 31, U.S.C., or any other applicable statutory authority; or
    (iii) Criminal penalties under sections 286, 287, 1001, and 1002 of 
title 18, U.S.C., or any other applicable statutory authority.
    (12) Any other right and remedies available to the employee under 
statutes or regulations governing the program for which the collection 
is being made; and
    (13) Unless there are applicable contractual or statutory provisions 
to the contrary, that amounts paid on or deducted for the debt which are 
later waived or found not owned to the United States will be promptly 
refunded to the employee.
    (b) Notifications under this section shall be hand delivered with a 
record made of the date and time of delivery, or shall be mailed by 
certified mail return receipt requested.
    (c) No notification, hearing, written responses or final decisions 
under this regulation are required of FMCS for any adjustment to pay 
arising out of an employee's election of coverage under a Federal 
benefit program requiring periodic deductions from pay, if the amount to 
be recovered was accumulated over four pay periods or less.