August 6, 2002
In the Matter of the Petition by
KIM KASSALA-CHINN
P.O. Box 231
at
Annandale, VA 22003-0231
P.S. Docket No. DCA 02-322
APPEARANCE FOR PETITIONER:
Douglas E. Sapp
P.O. Box 2670
Merrifield, VA 22116-2670
APPEARANCE FOR RESPONDENT:
Kevin M. Kozlowski
Labor Relations Specialist
United States Postal Service
8409 Lee Highway
Merrifield, VA 22081-9402
Respondent, the United States Postal Service, 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.
By Order dated July 11, 2002, Petitioner was given until July 26, 2002 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 received that Order on July 18, 2002, but 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 the 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 of Involuntary Administrative Salary Offsets is dated May 21, 2002, and Petitioner stated in the Petition that the Notice was received on that date. Petitioner filed the Petition on June 20, 2002.[1] 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 the right to a hearing under the Debt Collection Act. 39 C.F.R. §961.10. Respondent may collect $32.40 from Petitioner's salary.
Bruce R. Houston
Chief Administrative Law Judge