June 2, 2000

In the Matter of the Petition by

EVELYN RIVERA

554 W. 158th Street

at

New York, NY 10032-7202

P.S. Docket No. DCA 00-157

APPEARANCE FOR PETITIONER:

Evelyn Riveria

554 W. 158th Street

New York, NY  10032-7202

APPEARANCE FOR RESPONDENT:

Peter Henry, Esq.

Employment & Labor Law

United States Postal Service

475 L'Enfant Plaza, SW., Room 6414

Washington, DC  20260-1150

DISMISSAL

            Respondent, United States Postal Service, filed a motion to dismiss this Petition in which it argued that the Petition was not timely filed.  In her Petition, Petitioner stated that she received the Notice of Involuntary Administrative Salary Offsets on January 28, 1999.  Although the Petition is dated “February 5, 1999,” the envelope it was mailed in was postmarked “April 28, 2000,” and was received by this office on May 1, 2000.

In accordance with 39 C.F.R. §961.4, a petition for a hearing under the Debt Collection Act must be filed within fifteen days after an employee receives a Notice of Involuntary Administrative Salary Offsets.  An employee may be deemed to have waived his or her right to a hearing under the Debt Collection Act if the employee files the petition more than fifteen days after receiving the Notice and fails to demonstrate good cause for the delay.  39 C.F.R. §961.10.

Petitioner was given an opportunity to explain why she failed to file the Petition within the time prescribed by 39 C.F.R. §961.4, but she failed to file any response.  Accordingly, this Petition is dismissed because of Petitioner’s failure to file the Petition within fifteen days of receiving the Notice of Involuntary Administrative Salary Offsets.

                                                                                    William K. Mahn

                                                                                    Administrative Judge