[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR32.3]



[Page 67]

 

                           TITLE 34--EDUCATION

 

PART 32_SALARY OFFSET TO RECOVER OVERPAYMENTS OF PAY OR ALLOWANCES FROM 

DEPARTMENT OF EDUCATION EMPLOYEES--Table of Contents

 

Sec.  32.3  Pre-offset notice.



    At least 30 days before initiating a deduction from the disposable 

pay of an employee to recover an overpayment of pay or allowances, the 

Secretary sends a written notice to the employee stating--

    (a) The origin, nature and amount of the overpayment;

    (b) How interest is charged and administrative costs and penalties 

will be assessed, unless excused under 31 U.S.C. 3716;

    (c) A demand for repayment, providing for an opportunity for the 

employee to enter into a written repayment agreement with the 

Department;

    (d) Where a waiver of repayment is authorized by law, the employee's 

right to request a waiver;

    (e) The Department's intention to deduct 15 percent of the 

employee's disposable pay, or a specified amount if the disposable pay 

is severance pay and/or a lump sum annual leave payment, to recover the 

overpayment if a waiver is not granted by the Secretary and the employee 

fails to repay the overpayment or enter into a written repayment 

agreement;

    (f) The amount, frequency, approximate beginning date and duration 

of the intended deduction;

    (g) If Government records on which the determination of overpayment 

are not attached, how those records will be made available to the 

employee for inspection and copying;

    (h) The employee's right to request a pre-offset hearing concerning 

the existence or amount of the overpayment or an involuntary repayment 

schedule;

    (i) The applicable hearing procedures and requirements, including a 

statement that a timely petition for hearing will stay commencement of 

collection proceedings and that a final decision on the hearing will be 

issued not later than 60 days after the hearing petition is filed, 

unless a delay is requested and granted;

    (j) That any knowingly false or frivolous statements, 

representations or evidence may subject the employee to applicable 

disciplinary procedures, civil or criminal penalties; and

    (k) That where amounts paid or deducted are later waived or found 

not owed, unless otherwise provided by law, they will be promptly 

refunded to the employee.



(Authority: 5 U.S.C. 5514, 31 U.S.C. 3716)