§ 32.3. Pre-offset notice.
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/us/cfr/t34/s§ 32.3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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)
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