August 19, 2003
In the Matter of the Petition by
DOUGLAS ZELAYA
8761 95th Street
at
Woodhaven, NY 11421-2216
P.S. Docket No. DCA 03-269
APPEARANCE FOR PETITIONER:
Douglas Zelaya
8761 95th Street
Woodhaven, NY 11421-2216
APPEARANCE FOR RESPONDENT:
Valerie E. Rooks
Labor Relations Representative
United States Postal Service
421 8th Avenue, Room 3505
New York, NY
10199-9401
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 July 25, 2003, Petitioner was given until August 8, 2003 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 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 issued to Petitioner is dated May 21, 2003, and Petitioner stated in his Petition that he received it on May 30, 2003. Petitioner filed the Petition on June 22, 2003.[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 collect $127.09 from Petitioner’s salary.
Bruce R. Houston
Chief Administrative Law Judge