September 6, 2002
In the Matter of the Petition by
MICHAEL E. HARRISON
P.O. Box 423
at
Concrete, WA 98237-0423
P.S. Docket No. DCA 02-338
APPEARANCE FOR PETITIONER:
Michael E. Harrison
P.O. Box 423
Concrete, WA 98237-0423
APPEARANCE FOR RESPONDENT:
Susan Houser
Labor Relations Specialist
United States Postal Service
P.O. Box 90204
Seattle, WA 98109-9401
By Order dated August 2, 2002, Petitioner was directed to submit certain information to complete the Petition, as required by 39 C.F.R. §961.4. A response was to be filed by August 15, 2002. Petitioner received the Order on August 6, but did not file a response. By Order to Show Cause dated August 20, 2002, Petitioner was again directed to file the information by August 30 or show cause why he could not do so. He was advised that a failure to respond may be deemed a waiver of his right to a hearing.
Section 961.10 of the Rules applicable to these proceedings provides that if the employee fails to file required submissions or to comply with orders of the Hearing Official, and the failure makes it difficult or impossible to issue the decision within the statutory time, it may be determined that he has waived his right to a hearing and that his pay may be offset. See 39 C.F.R. §961.10.
Without the information required by the applicable rules and by the above Orders, this matter cannot be decided within the statutory time. Accordingly, Petitioner has waived his right to a hearing, and his pay may be offset in accordance with the offset schedule set forth in the July 9, 2002 Notice of Involuntary Administrative Salary Offsets.