July 31, 2002

In the Matter of the Petition by

LOUIS A. GOMEZ

5308 Wasson Road

at

Austin, TX 78745-3214

P.S. Docket No. DCA 02-273

APPEARANCE FOR PETITIONER:

Larry Roberts

P.O. Box 140225

Austin, TX  78714-0225

APPEARANCE FOR RESPONDENT:

Cortlant G. Stephans

Labor Relations Specialist

United States Postal Service

8225 Cross Park Drive

Austin, TX  78710-9401

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

            Respondent, the United States Postal Service, filed a motion to dismiss this Petition as being untimely filed.  Petitioner was given an opportunity to reply but has not done so.  The following findings of fact are based on documents submitted with the Petition and with Respondent's motion.

FINDINGS OF FACT

            1.  On July 6, 2000, Petitioner was issued a Letter of Demand for $593.35, based on an alleged salary overpayment in pay period 2 of 2000.  (Attachments to Respondent's motion, pp. 15-16).

            2.  On April 26, 2002, the Acting Manager, Finance, issued Petitioner a Notice of Involuntary Administrative Salary Offsets for the same alleged debt.  Petitioner received the Notice on April 26, 2002.  (Petition; Notice attached to Petition).

            3.  Included with the Notice of Involuntary Administrative Salary Offsets were a Statement of Debtor’s Rights and Responsibilities and a copy of the Rules of Practice applicable to petitions under the Debt Collection Act.  (Attachments to Respondent's motion, pp. 3-8).

            4.  The Statement of Debtor’s Rights and Responsibilities advised Petitioner of his right to request a hearing on the Postal Service’s determination of the existence or amount of the debt or on the proposed involuntary offset schedule.  The statement advised Petitioner that any such request must be filed on or before the fifteenth calendar day following his receipt of the Notice of Involuntary Administrative Salary Offsets.  (Statement of Debtor’s Rights and Responsibilities, ¶5).

            5.  Petitioner mailed his Petition on May 17, 2002.  It was received and docketed by the Recorder on May 24, 2002.

DECISION

            The Debt Collection Act and Respondent’s regulations implementing the Act require that a petition for hearing under the Debt Collection Act be filed not later than the fifteenth calendar day following the employee’s 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(a).  Petitioner was advised of this requirement in the information he received with the Notice on April 26 (Findings 3-4), but failed to file his Petition until May 17, approximately one week beyond the prescribed time (Finding 5).

            It may be determined that an employee has waived his right to a hearing if he files his petition beyond the 15-day period allowed by the Debt Collection Act and Postal Service regulations and fails to demonstrate good cause for the delay (see 39 C.F.R. §961.10(a)).  By Order dated June 25, 2002, and received by Petitioner on June 28, 2002, Petitioner was provided an opportunity to explain any reasons for the delay in filing his Petition, but he filed no response at all. 

            The Petition was filed late and Petitioner has presented nothing to show that the late filing should be excused.  Accordingly, Petitioner has waived his right to a hearing, and Respondent may implement the offset according to the schedule set out in the April 26, 2002 Notice of Involuntary Administrative Salary Offsets.

                                                                        Bruce R. Houston

                                                                        Chief Administrative Law Judge