15 C.F.R. § 22.5 Notice requirements before offset.
Title 15 - Commerce and Foreign Trade
Except as provided in §22.1, deductions will not be made unless the Secretary provides the employee with a minimum of 30 calendar days written notice. This Notice of Intent to offset an employee's salary (Notice of Intent) will state: (a) That the Secretary has reviewed the records relating to the claim and has determined that a debt is owed, the amount of the debt, and the facts giving rise to the debt; (b) The Secretary's intention to collect the debt by means of deduction from the employee's current disposable pay account until the debt and all accumulated interest are paid in full; (c) The amount, frequency, approximate beginning date, and duration of the intended deductions; (d) An explanation of the Department's requirements concerning interest, penalties and administrative costs unless such payments are excused in accordance with §22.15; (e) The employee's right to inspect and to request and receive a copy of Department records relating to the debt; (f) The right to a hearing conducted by an administrative law judge of the Department or a hearing official, not under the control of the Secretary, on the Secretary's determination of the debt, the amount of the debt, or the repayment schedule (i.e., the percentage of disposable pay to be deducted each pay period), so long as a petition is filed by the employee as prescribed by the Secretary; (g) The method and time period for requesting a hearing; (h) That the timely filing of a petition for hearing will stay the collection proceedings; (See §22.6); (i) That a final decision on the hearing will be issued at the earliest practical date, but 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; (j) Any other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made; and (k) That any knowingly false or frivolous statements, representations, or evidence may subject the employee to: (1) Disciplinary procedures appropriate under 5 U.S.C. 7501 et seq., 5 CFR Part 752, or any other applicable statutes or regulations; (2) Penalties under the False Claims Act, 31 U.S.C. 3729–3731, or any other applicable statutory authority; or (3) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002 or any other applicable statutory authority. (l) Unless there are applicable contractual or statutory provisions to the contrary, amounts paid on or deducted for the debt which are later waived or found not owed to the United States will be promptly refunded to the employee.
Title 15: Commerce and Foreign Trade
PART 22—SALARY OFFSET
§ 22.5 Notice requirements before offset.
