April 10, 2008

 

In the Matter of the Petition by                                      

                                                                                                                                     

PETER PAZER                                                                          

1522 Washington Street                                                                                                                             

Hollywood, FL 33020-6143                               

 

P.S. Docket No. DCA 08-68

 

APPEARANCE FOR PETITIONER:               

Peter Pazer
                   


APPEARANCE FOR RESPONDENT:           

Lori Costa                                                           

Labor Relations Representative                      

United States Postal Service
                                                                               

 

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

 

            With its Answer to the Petition, Respondent, the United States Postal Service, also 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 was given an opportunity to reply to the motion, but he did not do so.  The following findings of fact are based on all the material filed by the parties.

 

FINDINGS OF FACT

1.  On January 17, 2008, Petitioner’s supervisor issued him a Notice of Involuntary Administrative Salary Offsets, stating the Postal Service’s intention to withhold $885.81 from Petitioner’s salary to recover a shortage in a unit reserve account for which Petitioner was accountable.  Petitioner received the Notice of Involuntary Administrative Salary Offsets on January 18, 2008.  (Notice attached to Petition and to Respondent’s Answer; mail receipt tracking form attached to Answer).

2.  Included with the Notice of Involuntary Administrative Salary Offsets were a Statement of Debtor’s Rights and Responsibilities, and the Rules of Procedure Governing Hearings Under the Debt Collection Act.  Both of these documents clearly state the requirement for filing a Petition within fifteen days.  (Notice of Involuntary Administrative Salary Offsets).

3.  Mr. Pazer filed his Petition on February 20, 2008.  It is the long-standing practice of this office that a pleading is considered to be “filed” when it is placed in the mail.  (Petition).

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).

Petitioner has not disputed the fact that he received the Notice of Involuntary Administrative Salary Offsets on January 18, 2008, or that he did not file his Petition until February 20, 2008.  Nor has Petitioner made any 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 two weeks 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 $885.81 from Petitioner’s salary. 

 

 

Bruce R. Houston

Chief Administrative Law Judge