September 23, 2002
In the Matter of the Petition by
SAMUEL PENA
426 Lebanon Street
at
San Antonio, TX 78223-4384
P.S. Docket No. DCA 02-393
APPEARANCE FOR PETITIONER:
Sandra Lira
1543 Babcock Road, Apt. 702
San Antonio, TX 78229-4705
APPEARANCE FOR RESPONDENT:
Jewell D. Miller-Hamilton
Labor Relations Specialist
United States Postal Service
1 Post Office Drive
San Antonio, TX 78284-9401
By Order dated August 8, 2002, Petitioner was directed to submit certain information to complete the Petition, as required by 39 C.F.R. §961.4. He failed to respond, and by Order dated August 30, 2002, Petitioner was again directed to file the information by September 13, 2002. Petitioner’s representative received the Order on September 6, 2002, but has not responded.
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. In the August 30 Order, Petitioner was advised that his failure to respond to the Order may result in a waiver of his right to a hearing and referred to Section 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 2, 2002 Notice of Involuntary Administrative Salary Offsets.
Norman D. Menegat
Administrative Judge