November 6, 2000 In the Matter of the Petition by SANDRA BOYD 1755 Bruckner Blvd., Apt. 5B at Bronx, NY 10472-6454 P.S. Docket No. DCA 00-364 APPEARANCE FOR PETITIONER: Sandra Boyd 1755 Bruckner Blvd., Apt. 5B Bronx, NY 10472-6454 APPEARANCE FOR RESPONDENT: Peter Henry, Esq. Employment & Labor Law United States Postal Service 475 L'Enfant Plaza, SW, Room 6414 Washington, D.C. 20260-1150
DECISION ON MOTION TO DISMISS
Respondent, the United States Postal Service, filed a Motion to Dismiss this Petition on the basis that it was not timely filed, i.e., that it was not filed within 15 days of receipt of the Notice of Involuntary Administrative Salary Offsets, as required by 39 C.F.R. §961.4(a). Respondent filed a copy of a Notice of Involuntary Administrative Salary Offsets addressed to Petitioner, dated April 12, 2000. The Petition was not filed until September 26, 2000.
Petitioner was given an opportunity to reply to the motion, to either contest the fact that the Petition was late or to argue that late filing should be excused. Petitioner did not reply.
The Debt Collection Act and Respondent’s implementing regulations require that a petition for a hearing be filed within 15 days after receipt of a Notice of Involuntary Administrative Salary Offsets. 5 U.S.C. §5514(a)(2); Employee and Labor Relations Manual 452.331; 39 C.F.R. §961.4. An employee may be deemed to have waived their right to a hearing if the petition is filed after the 15-day period and the employee "fails to demonstrate to the satisfaction of the Hearing Official good cause for the delay." 39 C.F.R. §961.10(a).
This Petition was filed nearly five months late, and Petitioner has not shown that the late filing should be excused. Respondent's Motion to Dismiss is granted.
Bruce R. Houston Chief Administrative Law Judge