September 12, 2002
In the Matter of the Petition by
BRYAN FOSTER
275 Fournier Road
at
West Chazy, NY 12992-2621
P.S. Docket No. DCA 02-392
APPEARANCE FOR PETITIONER:
Bryan Foster
275 Fournier Road
West Chazy, NY 12992-2621
APPEARANCE FOR RESPONDENT:
Anna M. Schubert
Labor Relations Specialist
United States Postal Service
30 Old Karner Road
Albany, NY 12288-9401
FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982
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 a Notice of Involuntary Administrative Salary Offsets.
By Order dated August 22, 2002, Petitioner was given until September 5, 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 August 24, 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 two Notices of Involuntary Administrative Salary Offsets issued to Petitioner are dated June 7, 2002, and Petitioner stated in his Petition that he received them on June 26, 2002. Petitioner filed the Petition on July 14, 2002.[1] This is 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 his right to a hearing under the Debt Collection Act. 39 C.F.R. §961.10. Respondent may implement the offsets according to the schedule set out in the June 7, 2002 Notices of Involuntary Administrative Salary Offsets.
Bruce R. Houston
Chief Administrative Law Judge