September 21, 2001



In the Matter of the Petition by



JANISE JACKSON

93 Lewis Avenue, #131



at



Brooklyn, NY 11206-7033



P.S. Docket No. DCA 01-263



APPEARANCE FOR PETITIONER:

Janice Jackson

93 Lewis Avenue, #13F

Brooklyn, NY  11206-7033



APPEARANCE FOR RESPONDENT:

James Wolahan

Labor Relations Specialist

United States Postal Service

J.A.F. Building, Room 3505

380 West 33rd Street

New York, NY  10199-9401

Respondent, the United States Postal Service, has filed a motion to dismiss this Petition because it was not timely filed, i.e., that it was not filed within fifteen (15) days of Petitioner's receipt of the Notice of Involuntary Administrative Salary Offsets.

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 her 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).

The Notice was dated June 27, 2001, and Respondent filed a statement from Petitioner's supervisor that says the supervisor handed the Notice to Petitioner on that date. Petitioner filed her Petition on July 21, 2001. This is well beyond the 15-day time limit and Petitioner has presented nothing to show that the late filing should be excused.

Petitioner is deemed to have waived her right to a hearing under the Debt Collection Act. 39 C.F.R. §961.10. Respondent may collect $176.22 from Petitioner's salary.

					Bruce R. Houston

					Chief Administrative Law Judge