DOT 49 CFR PART 1017-2010 DEBT COLLECTION-COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES.pdf

1、51 Surface Transportation Board, DOT 1017.1 status as a prevailing party, and an ex-planation of the reasons for any dif-ference between the amount requested and the amount awarded. The decision shall also include, if at issue, findings on whether the Boards or other agen-cys position was substantia

2、lly justi-fied, whether the applicant unduly pro-tracted the proceedings, or whether special circumstances make an award unjust. If the applicant has sought an award against more than one agency, the decision shall allocate responsi-bility for payment of any award made among the agencies, and shall

3、explain the reasons for the allocation made. 46 FR 61660, Dec. 18, 1981, as amended at 54 FR 26380, June 23, 1989 1016.309 Agency review. In the event the adjudicative officer is not the entire Board, the applicant or agency counsel may seek review of the initial decision on the fee applica-tion, or

4、 the Board may review the deci-sion on its own initiative, in accord-ance with 1115.2. If no appeal is taken, the initial decision becomes the action of the Board 20 days after it is issued. If the adjudicative officer is the entire Board, 1115.3 applies. 54 FR 26380, June 23, 1989 1016.310 Judicial

5、 review. Judicial review of final Board deci-sions on awards may be sought as pro-vided in 5 U.S.C. 504(c)(2). 1016.311 General provisions. An applicant seeking payment of an award shall submit to the appropriate official of the paying agency a copy of the Boards final decision granting the award, a

6、ccompanied by a statement that the applicant will not seek review of the decision in the United States courts. Where the award is granted against the Surface Transportation Board the applicant shall make its sub-mission to the Chief, Section of Finan-cial Services, Surface Transportation Board, Wash

7、ington, DC 204230001. The Board will pay the amount awarded to the applicant within 60 days of the ap-plicants submission unless the judicial review of the award or of the under-lying decision of the adversary adju-dication has been sought by the appli-cant or any other party to the pro-ceeding. 74

8、FR 52905, Oct. 15, 2009 PART 1017DEBT COLLECTION COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOY-EES Sec. 1017.1 Purpose and scope. 1017.2 Definitions. 1017.3 Applicability. 1017.4 Notice requirements. 1017.5 Hearing procedures. 1017.6 Result if employee fails to meet dead

9、-lines. 1017.7 Written decision following hearing. 1017.8 Exception to entitlement to notice, hearing, written responses and final deci-sions. 1017.9 Coordinating offset with another Fed-eral agency. 1017.10 Procedures for administrative offset. 1017.11 Refunds. 1017.12 Statute of limitations. 1017.

10、13 Nonwaiver of rights. 1017.14 Interest, penalties, and administra-tive costs. AUTHORITY: 31 U.S.C. 3716, 5 U.S.C. 5514; Pub. L. 97365; 4 CFR parts 101105; 5 CFR part 550. SOURCE: 56 FR 32333, July 16, 1991, unless otherwise noted. 1017.1 Purpose and scope. (a) These regulations set forth guide-lin

11、es for implementing the Debt Collec-tion Act of 1982 at the Surface Trans-portation Board (STB). The purpose of the Act is to give agencies the ability to more aggressively pursue debts owed the Federal Government and to in-crease the efficiency of government-wide efforts to collect debts owed the U

12、nited States. The authority for these regulations is found in the Debt Collec-tion Act of 1982 (Pub. L. 97365 and 4 CFR 101.1 et seq.), Collection by Offset From Indebted Government Employees (5 CFR 550.1101 et seq.), Federal Claims Collection Standards (4 CFR 101.1 et seq.), and Administrative Offs

13、et (31 U.S.C. 3716). (b) These regulations provide proce-dures for administrative offset of a Federal employees salary without his/ her consent to satisfy certain debts owed to the Federal Government. The VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:SGML22021

14、9.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-52 49 CFR Ch. X (10110 Edition) 1017.2 regulations covered in this part apply to all current and former Federal em-ployees who owe debts to the Board and to

15、 current Board employees who owe debts to other Federal agencies. The regulations set forth herein do not apply when the employee consents to recovery from his/her current pay ac-count. (c) These regulations do not apply to debts or claims arising under: (1) The Social Security Act; (2) The Internal

16、 Revenue Code of 1954; (3) The tariff laws of the United States; or (4) Any case where a collection of a debt by salary offset is explicitly pro-vided for or prohibited by another stat-ute. (d) These regulations also do not pre-clude the compromise, suspension, or termination of collection action, w

17、here appropriate, under the standards im-plementing the Federal Claims Collec-tion Act (31 U.S.C. 3711 et seq., 4 CFR 101.1 et seq.). These regulations do not preclude an employees requesting a waiver of a salary overpayment (i.e., alleged indebtedness) under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S

18、.C. 716, or in any way questioning the amount or validity of a debt by submitting a claim to the General Accounting Office (GAO), or requesting a waiver under statutory provisions pertaining to the particular debt. (e) The Boards regulations governing debt collection for entities and individ-uals wh

19、o are not current or former gov-ernment employees are contained in 49 CFR part 1018. 56 FR 32333, July 16, 1991, as amended at 58 FR 7749, Feb. 9, 1993 1017.2 Definitions. For the purposes of these regula-tions, the following definitions will apply: (a) Agency. An executive agency as defined at 5 U.

20、S.C. 105, including the U.S. Postal Service; the U.S. Postal Rate Board; a military department as defined at 5 U.S.C. 102; an agency or court in the Judicial Branch; an agen-cy of the Legislative Branch, including the U.S. Senate and House of Rep-resentatives; and other independent es-tablishments t

21、hat are entities of the Federal Government. (b) Creditor agency. The agency to which the debt is owed. (c) Debt. An amount of money or property which has been determined by an appropriate agency official to be owed to the United States from any person. (d) Disposable pay. The amount that remains fro

22、m an employees Federal pay after required deductions for social security; Federal, State, or local in-come taxes; health insurance pre-miums; retirement contributions; life insurance premiums; Federal employ-ment taxes; and any other deductions that are required to be withheld by law. (e) FCCS. The

23、Federal Claims Collec-tion Standards jointly published by the Justice Department and the General Accounting Office at 4 CFR 101.1 et seq. (f) Hearing official. The official re-sponsible for conducting a hearing which is properly and timely requested by the debtor. An Administrative Law Judge shall b

24、e responsible for con-ducting the hearing and the Chief Ad-ministrative Law Judge shall deter-mine which judicial official will be as-signed the hearing. (g) Paying agency. The agency that employs the individual who owes the debt and authorizes the payment of his/ her current pay. (h) Administrative

25、 offset. The with-holding of monies payable by the United States to or held by the United States on behalf of an employee to sat-isfy a debt owed the United States by that employee. (i) Waiver. A cancellation, forgive-ness, or non-recovery of a debt alleg-edly owed by an employee or former employee

26、to the agency as permitted or required by law. 1017.3 Applicability. These regulations are to be followed when: (a) The Board is owed a debt by a cur-rent employee; (b) The Board is owed a debt by an in-dividual currently employed by an-other Federal agency; (c) The Board employs an individual who o

27、wes a debt to another Federal agency; and (d) The Board is owed a debt by an employee who separates from Federal VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction o

28、r networking permitted without license from IHS-,-,-53 Surface Transportation Board, DOT 1017.4 Government service. The authority to collect debts owed by former Federal employees is found in the FCCS and 31 U.S.C. 3716. 1017.4 Notice requirements. (a) Deductions shall not be made un-less the employ

29、ee is provided with written notice, signed by the debt col-lection official (Chief, Section of Fi-nancial Services), of the debt at least 30 days before administrative offset commences. (b) The written notice to current Federal employees shall be hand deliv-ered if at headquarters or sent certified

30、mail, return receipt requested, if lo-cated in a field office and shall contain: (1) A statement that the debt is owed and an explanation of its nature and amount; (2) The agencys intention to collect the debt by means of deduction from the employees current disposable pay account; (3) The amount, f

31、requency, proposed beginning date, and duration of the in-tended deduction(s); (4) An explanation of interest, pen-alties, and administrative charges, in-cluding a statement that such charges will be assessed unless excused in ac-cordance with the FCCS (4 CFR 101.1 et seq.); (5) The employees right

32、to inspect, request, and copy Government records relating to the debt (if an employee is unable to physically inspect the Gov-ernment records, the agency will repro-duce copies of the records and may charge for those copies); (6) If not previously provided, the op-portunity (under terms agreeable to

33、 the creditor agency) to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement with the agency to establish a schedule for the voluntary repayment of the debt in lieu of offset. The agree-ment must be in writing, signed by both the employee and the credito

34、r agency, and documented in the creditor agencys files (4 CFR 102.2(e); (7) The right to a hearing conducted by an impartial hearing official con-cerning the existence or amount of the debt and the repayment schedule, if it was not established by a written agree-ment between the employee and the cre

35、ditor agency; (8) The method and time period for petitioning for a hearing; (9) A statement that the timely filing of a petition for a hearing (on or before the 15th day following receipt of the written notice) will stay the com-mencement of collection proceedings, together with instructions on how

36、and where to file a petition; (10) A statement that a final decision on the hearing (if one is requested) will be issued 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) A st

37、atement that knowingly false or frivolous statements, represen-tations, or evidence may subject the employee to appropriate disciplinary procedures and criminal penalties (i.e., for false certification, etc.); (12) A statement of other rights and remedies available to the employee under statutes or

38、regulations gov-erning the program for which the col-lection is being made; and (13) Unless there are contractual or statutory provisions to the contrary, a statement that amounts paid on or de-ducted for the debt which are later waived or found not owed to the United States will be promptly refunde

39、d to the employee. (c) The written notice to former Fed-eral employees shall be sent certified mail, return receipt requested, and shall contain: (1) A statement that the debt is owed and an explanation of its nature and amount; (2) The agencys intention to collect the debt by administrative offset

40、against amounts due and payable to the debtor from the Civil Service Re-tirement and Disability Fund or by use of a collection service to recover the delinquent debt; (3) An explanation of interest, pen-alties, and administrative charges, in-cluding a statement that such charges will be assessed unl

41、ess excused in ac-cordance with 4 CFR 101.1 et seq.; (4) The former employees rights to inspect, request, and copy Government records relating to the debt (if the VerDate Mar2010 15:03 Nov 23, 2010 Jkt 220219 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:SGML220219.XXX 220219jdjones on DSKHWCL6B1PROD with

42、 CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-54 49 CFR Ch. X (10110 Edition) 1017.5 former employee is unable to phys-ically inspect the Government records, the agency will reproduce copies of the records and may charge for those cop-ies); (5)

43、 The opportunity to enter into a written agreement with the agency to establish a schedule for the voluntary repayment of the debt; (6) The right to a hearing conducted by an impartial hearing official con-cerning the existence or amount of the debt and the repayment schedule, if it was not establis

44、hed by a written agree-ment between the former employee and the creditor agency; (7) The method and time period for petitioning for a hearing; (8) A statement that the timely filing of a petition for a hearing (on or before the 15th day following receipt of the written notice) will stay the com-menc

45、ement of collection proceedings, together with instructions on how and where to file a petition; (9) A statement that a final decision on the hearing will be issued not later than 60 days after the filing of the peti-tion requesting the hearing unless the former employee requests, and the hearing of

46、ficial grants, a delay in the proceedings; (10) A statement that knowingly false or frivolous statements, represen-tations, or evidence may subject the former employee to appropriate crimi-nal penalties (i.e., for false certifi-cation, etc.); (11) A statement of other rights and remedies available t

47、o the former em-ployee under statutes or regulations governing the program for which the collection is being made; and (12) Unless there are contractual or statutory provisions to the contrary, a statement that amounts paid on or de-ducted for the debt which are later waived or found not owed to the

48、 United States will be promptly refunded to the former employee. 56 FR 32333, July 16, 1991, as amended at 64 FR 53267, Oct. 1, 1999 1017.5 Hearing procedures. (a) Upon the Administrative Law Judges determination of an employees compliance with 1017.4(b)(8) or 1017.4(c)(7) of this part, whichever is

49、 ap-plicable, he/she shall set the time, date, and location for the hearing, paying due consideration to convenience to the employee. (b) All significant matters discussed at the hearing shall be documented, al-though a verbatim transcript of the hearing shall not be made. (c) The Administrative Law Judge may exclude any evidence he/she deems irrelevant, immaterial, or unduly rep-etitious. (d) Any party to a hearing under these regulation