§ 961.4. (Rule 4) Employee petition for a hearing.
434 words·~2 min read·
/us/cfr/t39/s§ 961.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If an employee wants to challenge the existence, amount, or repayment schedule of a debt assessed under section 5 of the Debt Collection Act, the employee or their representative must file a written petition electronically at https://usps-judicialoffice.journaltech.com, or by mail at Recorder, Judicial Officer Department, United States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078. The petition must be filed on or before the 15th day following the receipt of the Postal Service's notice of involuntary administrative salary offset. The Hearing Official may waive this deadline for good cause timely shown. If the Postal Service initiated involuntary administrative salary offset without issuing a notice as required by the Debt Collection Act, the Hearing Official may retain authority to resolve the debt assessment as if a notice had been issued and may order the Postal Service to return any improperly offset money.
(b)A sample petition is available at the Judicial Officer Electronic Filing website (https://usps-judicialoffice.journaltech.com). The petition should include the following:
(1)The words "Petition for Hearing under the Debt Collection Act" at the top of the first page.
(2)The employee's name, work address, home address, primary telephone number, email address, and, if applicable, any other address and telephone number at which the employee may be contacted during normal business hours.
(3)The date on which the employee received the notice of involuntary administrative salary offset.
(4)A copy of the notice of involuntary administrative salary offset.
(5)A statement indicating whether the employee challenges:
(i)The existence of the debt identified in the notice of involuntary administrative salary offset;
(ii)The amount of the debt identified in the notice of involuntary administrative salary offset; and
(iii)The involuntary repayment terms established by the Postal Service in the notice of involuntary administrative salary offset.
(iv)For each challenge, the petition should describe the basis of the employee's disagreement. The employee should identify and explain the facts, evidence, and legal arguments that support the petition.
(6)Copies of all records in the employee's possession that relate to the debt.
(7)If an employee contends that the Postal Service's proposed offset schedule would result in a severe financial hardship for either the employee or the employee's spouse or dependents, the employee must propose an alternative offset schedule. The employee must provide a statement and supporting documents showing the employee's financial status. This statement must address total income from all sources; assets; liabilities; number of dependents; and expenses for food, housing, clothing, transportation, medical care, and exceptional expenses, if any.
(c)The employee must file any additional information directed by the Hearing Official.