May 6, 2002
In the Matter of the Petition by
STEPHANIE BISHOP
252 Putnam Avenue
at
Brooklyn, NY 11216-1612
P.S. Docket No. DCA 02-121 and DCA 02-122
APPEARANCE FOR PETITIONER:
Stephanie Bishop
252 Putnam Avenue
Brooklyn, NY 11216-1612
APPEARANCE FOR RESPONDENT:
James Wolahan
Labor Relations Specialist
United States Postal Service
James A. Farley Building
380 West 33rd Street, Room 3505
New York, NY 10199-9401
FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982
Respondent, the United States Postal Service, filed a motion to dismiss these Petitions because they were not timely filed, i.e., that they were not filed within fifteen (15) days of Petitioner's receipt of the Notice of Involuntary Administrative Salary Offsets.
By Order dated April 10, 2002, Petitioner was given until April 26, 2002 to reply to the motion, to either contest the fact that the Petitions were late or to argue that late filing should be excused. Petitioner did not reply. Respondent's motion, and the Order giving Petitioner an opportunity to reply, were sent to Petitioner by certified mail at the return address she provided. Our records show that notice of the certified mail piece containing the April 10 Order was left for Petitioner on April 12 and that it was returned unclaimed on April 30. It is Petitioner's responsibility to accept official mail sent to her in connection with this case when it is sent to the address she provided. Failure to accept such mail does not excuse her failure to file a timely reply.[1]
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 Notices of Involuntary Administrative Salary Offsets are dated January 29, 2002, and Petitioner stated in her Petitions that she received them on that date.[2] Petitioner filed her Petitions on March 18, 2002.[3] This is more than a month 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 $195.39 from Petitioner's salary.
Bruce R. Houston
Chief Administrative Law Judge