July 2, 2001 In the Matter of the Petition by K. GRANDBERRY 192 Sumpter Street at Brooklyn, NY 11233-2602 P. S. Docket Nos. DCA 01-149 & 150 APPEARANCE FOR PETITIONER: K. Grandberry 192 Sumpter Street Brooklyn, NY 11233-2602 APPEARANCE FOR RESPONDENT: Isabella Hayward Labor Relations Specialist United States Postal Service James A. Farley Building, Room 3505 New York, NY 10199-9401
FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982
Petitioner, K. Grandberry, filed petitions under the Debt Collection Act of 1982, as amended, 5 U.S.C. §5514(a), after receiving Notices of Involuntary Administrative Salary Offsets on April 5, 2001. The Notices stated Respondent's intent to withhold a total of $175.48 from Petitioner's salary, based on shortages that had occurred in October 1998 and October 1999. The petitions were postmarked on April 28, 2001.
By Order dated May 14, 2001, Petitioner was directed to provide a substantial amount of information that was missing from her petitions within five days of receipt of the Order. Petitioner received the Order before May 21, 2001, but never responded.
On May 21, 2001, Respondent filed its Answer. Respondent also filed a motion to dismiss the petitions as untimely based on the fact that the petitions had been filed more than 15 days after Petitioner received the Notices. By Order dated May 23, 2001, Petitioner was directed to respond to the motion to dismiss and was reminded of her obligation to supply information in accordance with the May 14, 2001 Order. Petitioner also did not respond to this Order.1
By Order dated June 13, 2001, Petitioner was informed that her petitions appeared to be untimely and was given another opportunity to respond to the motion to dismiss. The Order informed Petitioner that, under the Rules of Procedure, she could be deemed to have waived her right to a hearing unless she demonstrated good cause for the delay in filing her petitions. Petitioner was required to respond no later than June 22, 2001. Petitioner received the Order on June 16, 2001, but has not responded.
Based on these facts, Petitioner is deemed to have waived her right to a hearing under the Debt Collection Act. 39 C.F.R. §961.10. Accordingly, the petitions are denied. Respondent may withhold $175.48 from Petitioner's salary.
David I. Brochstein Administrative Judge