November 19, 2003
In the Matter of the Petition by
JOSEPH BUNCH, JR.
3600 Erath Street
at
Fort Worth, TX 76119-2909
P.S. Docket No. DCA 03-362
APPEARANCE FOR PETITIONER:
Charles Scialla
453 Preakness Avenue #5
Paterson, NJ 07502-1121
APPEARANCE FOR RESPONDENT:
Donna Kinsel
Manager, Labor Relations
United States Postal Service
4600 Mark IV Parkway
Ft. Worth, TX 76161-9400
FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982
Along with the Answer to the Petition, 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.
Petitioner filed his opposition to the motion. The following findings of fact are based on all the material filed by the parties.
FINDINGS OF FACT
1. Petitioner, Joseph Bunch, Jr., is a Customer Services Supervisor in Fort Worth, Texas. On December 20, 2002, Petitioner was issued a Letter of Debt Determination for $3,991.04 by John Vallie, the Fort Worth Postmaster. This letter explained the options available to Petitioner, including requesting records, proposing an alternative repayment schedule, and requesting reconsideration. (Answer, Ex. 2).
2. Petitioner took no action in response to this letter and, on May 14, 2003, Mr. Vallie issued Petitioner a Notice of Involuntary Administrative Salary Offsets, stating the Postal Service’s intention to begin making deductions from Petitioner’s salary to collect $3,991.04. This Notice was sent to Petitioner by certified mail, and he received it on June 10, 2003. Enclosed with the Notice were copies of a Statement of Debtor’s Rights and Responsibilities and the Rules of Procedure Governing Hearings Under the Debt Collection Act. (Answer, Exs. 3 and 4).
3. Both of the documents enclosed with the Notice clearly state the requirement for filing a Petition within fifteen days. In addition, the Statement of Debtor’s Rights and Responsibilities includes the following:
“Note: While you may request a hearing and pursue one of the other available options, your hearing petition must be filed within the required time period. If questions related to this debt are resolved before the hearing is held, your petition may be withdrawn.”
4. Petitioner filed his Petition on October 7, 2003.
5. In response to an Order dated November 5, 2003, giving Petitioner the opportunity to reply to the motion to dismiss, Petitioner’s representative simply states that Petitioner does not believe he is responsible for the alleged debt, and asks for the right to a hearing.
DECISION
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, and Respondent authorized to implement the proposed offset from the employee’s pay, 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).
There is no dispute over the fact that Petitioner received the Notice of Involuntary Administrative Salary Offsets on June 10, 2003, or that he did not file his Petition until October 7, 2003. Petitioner has made no claim that he did not understand the requirement for filing the Petition within fifteen days, that he was misled or confused in any way by any action of Respondent, or that he was unable for any reason to file a timely Petition.
The Petition was filed more than three months late, and Petitioner has not shown 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 $3,991.04 from Petitioner’s salary.
Bruce R. Houston
Chief Administrative Law Judge