April 24, 2000 In the Matter of the Petition by LANCE BING 400 Cozine Avenue #4J at Brooklyn, NY 11207-9273 P.S. Docket No. DCA 00-85 APPEARANCE FOR PETITIONER: Bernie Posner APWU Vice President J.A. F. Building, Room 3508 421 8th Avenue New York, NY 10199-9401 APPEARANCE FOR RESPONDENT: Donohue F. Elliott Labor Relations Specialist United States Postal Service 421 8th Avenue, Room 3505 New York, NY 10199-9401
DISMISSAL
Respondent requested that this Petition be dismissed since it was not timely filed. (The Notice of Involuntary Administrative Salary Offsets (Notice) was issued to Petitioner on January 19, 2000, but Petitioner did not file his Petition until March 2, 2000.)
39 C.F.R. §961.10 provides, in pertinent part, that the Hearing Official may determine that an employee has waived his or her right to a Debt Collection Act hearing if the employee files the Petition after the end of the fifteen day period allowed by the Act for filing the Petition, and fails to demonstrate good cause for the late filing.
Petitioner responded by stating that, although he was aware that a petition must be filed within fifteen days of receipt of a Notice of Involuntary Administrative Salary Offsets, he delayed filing while he awaited the Postal Service furnishing him with the original of the Letter of Demand (and certain other documents), and because he was on vacation.
Paragraph 5, Petition for a Hearing, of the Notice of Involunatary Administrative Salary Offsets Petitioner received warned him that a Petition for a hearing on the Postal Service’s determination of the existence or amount of a debt must be filed on or before the fifteenth calendar day following receipt of the Notice. Nothing therein provided for a delay in filing while Petitioner obtained the original of certain requested documents. Accordingly, Petitioner has failed to demonstrate good cause for the failure to file the Petition within fifteen days of receipt of the Notice, and the Petition is dismissed.
William K. Mahn Administrative Judge