§ 513.31. What notice will the Commission, as the creditor agency, give a debtor that salary offset will occur?
416 words·~2 min read·
/us/cfr/t25/s§ 513.31·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Deductions from a debtor's salary will not be made unless the Commission sends the debtor a written Notice of Intent at least 30 calendar days before the salary offset is initiated.
(b)The Notice of Intent will include the following:
(1)Notice that the Commission has reviewed the records relating to the debt and has determined that the employee owes the debt;
(2)Notice that, after a 30-day period, the Commission will begin to collect the debt by deductions from the employee's current disposable pay account and the date on which deductions from salary will start;
(3)The amount of the debt and the facts giving rise to it;
(4)The frequency and the amount of the intended deduction stated as a fixed dollar amount or as a percentage of pay not to exceed 15 percent of the disposable pay, and the intention to continue the deductions until the debt and all accumulated interest are paid in full or resolved;
(5)The name, address, and telephone number of the person to whom the debtor may propose a written alternative schedule for voluntary repayment in lieu of salary offset. The debtor must include a justification for the alternative schedule in the proposal;
(6)The Commission's policy concerning interest, penalties, and administrative costs, set out at § 513.5, and a statement that assessments will be made unless excused in accordance with the FCCS;
(7)Notice of the employee's right to inspect and copy all Commission records pertaining to the debt and the name, address, and telephone number of the Commission employee to whom requests for access must be made;
(8)Notice of the employee's opportunity to a hearing conducted by an individual who does not work for the Commission on the Commission's determination of the existence or amount of the debt and the terms of the repayment schedule;
(9)Notice that filing a request for a hearing on or before the 15th calendar day following the debtor's receiving the Notice of Intent will stay collection proceedings and that a final decision will be issued at the earliest practical date, but not later than 60 days after the filing of the petition for hearing, unless the employee requests, and a hearing official grants, a delay in proceedings;
(10)An explanation of the effect of submitting knowingly false or frivolous statements; and
(11)Notice that amounts paid on or deducted from debts that are later waived or found not to be owed will be promptly refunded to the employee.