ML20059G567

Comments on Revised Version of Proposed Amends to NRC Debt Collection Procedures in 10CFR15.Term Delinquent Debt on Page 3 of Encl A,Should Be Changed to Delinquent for Consistency W/Section on Definitions

ML20059G567
Person / Time
Issue date:	09/16/1988
From:	Hassell D NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Johnson G NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML20059G534	List: ML20059G531 ML20059G567 ML20059G581 ML20059G584 ML20059G591 ML20059G611 ML20059G625 ML20059G640 ML20059G669 ML20059G673
References
FRN-55FR32375, RULE-PR-15 AC87-2-03, AC87-2-3, NUDOCS 9009130023
Download: ML20059G567 (9)

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NUCLEAR REGULATORY COMMISSION g

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WASHINGTON, D. C,20655

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SEP 161988 -

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j MEMORANDUM FOR:-

Graham D. Johnson, Director Division of Accounting and Finance Office of Administration and Resources

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Nnagement-W A

FROM:,

'Ds..ald F.-Hassell, Senior Attorney Office'of the General Counsel u

7 e 15UBJECT:

REVIEW 0FPROPOSEDREGULATIONS--DEBTCOLLECTION)

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PROCEDURES-10 CFR PART 15 f

~Dy routing and transmittal slip dated. September 12, 1988, you requested a review'of a revised version of proposed amendments to NRC's debt collectionL procedures in 10 CFR Part 15. Based on a review of the revised version of~the i

subject proposed regulations, I have~the following comments:

j (1)' On page 3 of Enclos'ure A, the term "delinquentEdebt" should be v

changed to " delinquent" to make it consistent with~the section:

2 on definitions and the Federal claim Collection Standard

~("FCCS").

(2) Contrary to the: suggestion in the third h on page:3 j.

ofEnclosureA~,thenewparagraph-(b)(2)paragrap of'Section 15.1 does-p - ',.

not' indicate that civil-penalties and fees are subject to 10-CFR Part 15. The;new paragraph 1(b)(2) merely indicates that f

these matters are subject to special. statutory and fadministrative-procedures.

I suggest that.Section 15.5, which a_

'definesiclaims' covered by Part 15, be modified to make: clear the extent'to which' fees are covered by Part 15.

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,.m In the first-sentence on > age 41, the phrase " assessed byfth'e

'M7 '(3): J1NRCfunderl10 CFR 2.205" siou d be de eted s nce it is.' '

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unnecessary.-

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' M (4),'Under the $nslysis for Section 15.63 on-page 9 of Enclosure'A, 1

the word " addressed" should be charged to read'" addresses."=

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[ (5) On'p'a^ge13ofEnclosureAunder615.1(b)(1)aperiodshouldbe inserted at the end of the sentence.

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. Onpage15.ofEnclosureA,Section15.5(b)(1)should:be (6) 9 modified to read as follows:

"A claim based on a civil I

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-monetary penalty for violation of a-licensing requirement-l r

utiless' 91 NS of this chapter provides otherwise."

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/(7) On page 17 of Enclosure A un&r paragraph (b), a conna should!

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r be inserted after the word " employee"..

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/(8)'Onpage18ofEnclosureA,515.26(a)(1)(ii)shouldberevised-a toread"Filedforreviewofthedebtunder615.26(a)(2)(iv)..

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W(9) For 9 15.29 on page 20 of Enclosure A, the following revisions should be made:

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q (a) The first sentence should be modified to read "If an

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applicant or a licensee fails to pay a debt by the due 7

date, the NRC may suspend or revoke any license or r

approval the NRC has granted the debtor."

j (b)

In the second sentence, the'words "or approval" should be inserted after the word " license."

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(c) The fourth sentence'should be modified to read "The NRC:

may suspend or revoke.the license or approval at the end of this period."

(10)TobeconsistentwiththeFCCS(4CFR5-102.6(a)(1))-the

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following: sentence should be added at the:end of 6 15.32 on.

V page 21 of Enclosure A:

"However, the NRC retains the i

authority to resolve disputes, compromise claims, suspend or

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terminate. collection action, and initiate enforced collection-through 1.1tigation."

(11) With respect to G 15.33 collection by administrative. offset,-

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you should_ note that 5 U.S.C. 6 5514 (b)(1).and 5 CFR 5 550.1104-1105 require that regulations gc,erning salary a

offset must be submitted.to the Office of Personnel Management-(0Pli)priortopublicationof. final. regulations'orprior.to b

implementation.- floreover, the regulations' governing salary

_ offset must at a minimum: comply with the provisions of 5 CFR l

m 5 550.1104 (copy attached).-

3 j / (12):0n page 28 of Enclosure A, change number 22 should'be revised d

to' read "In the-first sentence of 5-15.45, the-word 'or' is

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corrected to read 'nor'."

i

/(13)Onpage30ofEnclosure'A,thefirstsentenceof515.67(d) should be revised to read: Claims must-be referred to the' 1

Department of Justice in the manner ~ prescribed by 4 CFR 105.2..

t Finally, 'I would reiterate that the Privacy Act must be complied with before

'the.HRC can exercise the authority under Section 15.26 to disclose information concerning the debt to a consumer reporting agency (Note the concents under u.

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office of Personnel Monegement

{ 550.1103 vanced compensatory time off should under the Internal Revenue Code of be repaid by the appropriate amount 1954 as amended (26 U.S.C. I et acq.),

of compensatory overtime work within the Social Security Act (42 U.S.C. 301 a reasonable amount of time. Compen-et seg ),

or the tariff laws of the satory overtime shall be credited to an United States; or to any case where employee on an hour for hour basis or collection of a debt by salary offset is authorized fractions thereof. Appro-explicity provided for or prohibited by priate records will be kept of compen-another statute (e.g., trF,vei advances satory overtime earned and used.

in 5 U.S C. 5705 and employee training (d) The premium pay provisions for expenses in 5 U.S C. 4108L overtime work in Subpart A of Part (2) Wateer requesta and claims to tac 550 of Title 5 Code of Federal Regula-General Account np O//sce. This sub-

[

tions, and section 7 of the Fair Labor part does not preclude an employee Standards Act of 1938, as amended, do from requesting waiver of a salary not apply to compensatory overtime overpaymtnt under 5 U.S C. 5584,10 work performed by an employee for U.S C. 2774, or 32 U.S C. 716, or in any this purpose.

way questioning the amount or validi.

I

[43 FR 4628v, Oct. 6.1918. as amended at 51 ty of a debt by submitting a subse.

FR 23036. June 25,19861 quent claim to the General Account-ing Office in accordance with proce-dures prescribed by the General Ac-Subpar? K-Cellection by Offset From e unting Office. Similarly, in the case Indebtee Government Employees of other types of debts,it does not pre.

clude an employee from requesting AUTHonITY: 5 U.S C. 5514. sec. 8< 1) of E.O waiver, if waiver is available under any 11609, redesignated in sec. 2-1 of E.O.12107, statutory provision pertaining to the Bovacs 49 FR 21472. July 3,1984. unless N, ' c.

particular debt being collected.

otherwise noted.

R 550,1103 Definitions.

[s 6

i 550.1101 Purpose.

This subpart provides the standards For purposes of this subpart-to be used by Federal agencies to pre.

" Agency" rreans (a) an Executive pare regulations implementing 5 agency as defined in Section 105 of U.S.C 5514 and by OPM to review and title 5. United States Code, including approve such agency regulations, and the U.S. Postal Service and the U.S.

establishes procedural guidelines to re-Postal Rate Commission; (b) a military cover debts from the current pay ac-department as defined in Section 102 count of an employee when the em-of title 5 United States Code; (c) an ployee's creditor and paying agencies agency or court in the judicial branch, are not the same.

including a court as defined in Section 610 of title 28 United States Code, the 4 550.1102 Scope-District Court for the Northern Mart-(a) Coverage. This subpart applies to ana Islands, and the Judicial Panel on agencies and employees defined by Multidistrict Litigation; (d) an agency i 550.1103.

of the legislative branch, including the (b) Applicabilitir. This subpart and 5 U.S. Senate and the U.S. House of U.S.C. 5514 apply tn recovering certain Representatives; and (e) nther inde-debts by administrative offset, except pendent establishments that are enti-Where the employee consenta to the ties of the Federal Government.

recovery, from the current pay ac-

" Creditor agency" means the agency Count of an employee. Because it is an to which the debt is owed.

administrative offset, debt collection

" Debt" means an amount owed to Drocedures for salary oliset which are the United States from sources which Dot specified in 5 U.S.C. 5514 and include loans insured or guaranteed by these regulations should be consistent the United States and all other With the provisions of FCCS.

amounts due the United States from (1) Excluded debts or claims. The fees, leases, rents, royalties, services, q

Drocedures contained in this subpart sales of real or personal prope rt y.

A, do not apply to debts or claims arising overpayments, penalties, damages, in-335

$ 550,1104 5 CFR Ch.1 (1 1-87 Edition) terest, fines and forfeitures (except 5 U.S.C. 5514 must contain the follow.

those arising under the Uniform Code ing minimum provisions:

of Military Justice), and all other simi-(a) Applicability or scope. Indicate lar sources.

whether regulations cover internal or

" Disposable pay" means tlint part of Government wide collections under 5 current basic pay, special pay, incen-U.S.C. 5514. or both, tive pay, retired pay, retainer pay, or (b) Entitlement to nottee, hearing, in the case of an employee not entitled written responses and decisions. Iden, y

to basic pay, other authorized pay re-tify when the employee is entitled to

);

maining after the deduction of any notice, when hearings will be offered, amount required by law to be with. when the employee is entitled to a re.

I held. Agencies must exclude dedue. sponse or decision after exercising his I

tions described in 5 CFR 581.105 (b) or her rights under 15514 and this through (f) to determine disposable subpart, and if the hearing official's pay subject to salary offset, decision is not in the employee's favor

.)

3

" Employee" means a current em.

or the employee chooses not to re-1 ployee of an agency, including a cut.

Quest a hearing, what other rights and rent member of the Armed Forces or a remedies are available under the stat.

Reserve of the Armed Forces (Re.

utes or regulations governing the pro-gram that requires the collection to be serves).

"FCCS" means the Federal Claims made. Except as provided in para-Collection Standards jointly published graph (c) of this section, each employ.

by the Justice Department and the ce from whom the creditor agency pro-p h,

General Accounting Office at 4 CFR poses to collect a debt under this sub-part is entitled to receive from the N

101.1 et seg creditor agency-

" Paying agency" means the agency (1) A written notice as described in employing the individual and author.

izing the pa> ment of his or her cur, paragraph (d) of this section; j

(2) The opportunity to petition for a 4

l rent pay.

hearing and, if a hearina s given, to i

" Salary offset" means an adminis. receive a written decision frun the of.

trative offset to collect a debt under 5 ficial holding the hearing on the fol-U.S.C. 5514 by deduction (s) at one or lowing issues:

I more officially established pay inter.

(1) The determination of the creditor i

vals from the current pay account of agency concerning the existence or i

i an employee without his or her con. amount of the debt; and sent.

(11) The repayment schedule, if it i

"Walver" means the cancellation, re.

was not established by written agree-

)

mission, forgiveness, or non-recovery ment between the employee and the 5

of a debt allegedly owed by an employ-creditor agency.

ce to an agency as permitted or re-(c) E.rception to entitlement to i

quiced by 5 U.S.C. 5584,10 U.S.C. 2774.

notice, hearing, teritten responses, and

' l I

or 32 U.S.C. 716, 5 U.S.C. 8346(b), or final decisions. In regulations covering l

any other law.

internal collections, an agency shall i

(49 FR 27412. July 3.1984. as amended at 61 except from the provisions of para, f

FR 166% May 6.1986) graph (b) of this section any adjust-ment to pay arising out of an employ.

5 550.1104 Agency regulations.

,,,a election of coverage or a change in

}j Under this subpart and 5 U.S.C.

coverage under a Federal benefits pro-5514. each creditor agency must issue gram requiring periodic deductions regulations, subject to approval by the from pay, if the amount to be recov-Office of Personnel Management ered was accumulated over four pay (OPM), governing the collection of a periods or less.

debt by salary offset. Each agency is (d) Nott/ication before deductions responsible for assuring that the regu-begin. Provide for notification before lations governing collection of internal deductions begin. Except as provided i

i f

debts are uniformly and consistently in paragraph (c) of this section, deduc-applied to all its employees. Agency tions under the authority of 5 U.S.C.

regulations issued under authority of $514 must not be made unless the 336

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a

Office of Personnel Management 9 550.1104 head of the creditor agency or his des-and the hearing official grants a delay ignee provides the employee at least in the proceedings; 30 days before any deduction, written (11) That any knowingly f alse or notice stating at a minimum:

frivolous statements, representations, (1) The creditor agency's determina-or evidence may subject the employee lion that a debt is owed, including the to:

origin, nature, and amount of that (1) Disciplinary procedures appropri-debt; ate under chapter 75 of title 5, United (2) The creditor agency's intention States Code, Part 752 of title 5. Code to collect the debt by means of deduc-of Federal Regulations. or any other tion from the employee's current dis-applicable statutes or regulations; posable pay accont; (11) Penalties under the False Claims (3) The amount, frequency, proposed Act, il3729-3731 of title 31, United beginning date, and duration of the in.

States Code, or any other applicable tended deductions; statutory authority; or (4) An explanation of the creditor (111) Criminal penalties under il 286, agency's polley concerning interest, 287,1001, and 1002 of title 18 United penalties, and administrative costs, in-Stater Code or any other applicable cluding a statement that such assess-statutory authority.

ments must be made unless excused in (12) Any other rights and remedies accordance with the FCCS; available to the employee under stat-(5) The employee's right to inspect utes or regulations govtrning the pro-and copy Government records relating gram for which the collection is being to the debt or, if employee or his or made; and her representative cannot personally (13) Unless there are applicable con-inspect the records, to request and re-tractual or statutory provisions to the ceive a copy of such records; contrary, that amounts paid on or de-(6) If not previously provided, the ducted for the debt which are later opportunity (under terms agreeable to waived or found not owed to the the creditor agency) to establish a United States will be promptly refund-schedule for the voluntary repayment ed to the employee.

of the debt or to enter into a written (e) Petitions for hearing. (1) Pre-agreement to establish a schedule for scribe the method and time period for repayment of the debt in lieu of offset. petitioning for a hearing. Ordinarily, a The agreement must be in writing, hearing may be requested by filing a Signed by both the employee and the written petition addressed to the ap-creditor agency; and documented in propriate creditor agency official stat-the creditor agency's files (4 CFR ing why the employee believes the de-102.2(e));

termination of the agency concerning (7) The employee's right to a hear-the existence or amount of the debt is ing conducted by an official arranged in error.

by the creditor agency (an administra-(2) The employee's petition or state-tive law judge, or alternatively, a hear-ment must be signed by the employee i

Ing official not under the control of and fully identify and explain with the head of the agency) if a petition is reasonable specificity all the facts, evi-filed as prescribed by the creditor dence and witnesses, if any, which the "I'DCY; employee believes support his or her (8) The method and time period for position.

Q, Detitioning for a hearing; (f) Petitions for heartna made n/ter (9) That the timely fillne of a pett-time e,rptres. Prescribe the action to be tion for hearing will stay the com-taken on a petition for hearing made mencement of collection procemiings; af ter the expiration of the period pro-1 (10) That a final decision on the vided in the notice described !n para-hearing (if one is requested) will be graph (d) of this section. Ordinarily a Nued at the earliest practical date, creditor agency should accept requests N not later than 60 days after the if the employee can show that the filing of the petition requesting the delay was because of circumstances i

J

'#Fing unless the employee requests beyond his or her control or because 337 p@

I i 550,1104 5 CFR Ch.1 (1 1-87 EdHon) l of failure to receive notice of the time tions must be made over a period not

)

limit (unless otherwise aware of it).

greater than the anticipated period of g

(g) Form of hearings, written re-active duty or employment, as the case sponses, and final decisions. (1) may be. except as provided in para.

i l

f Define the form and content of hear-graphs (1) and (m) of this section.

ings, written responses, and written (k) When deductions may begin. Pre-(

decisions to be provided when the em-scribe when deductions w111 be sched-ployee exercises his or her rights uled to begin in internal agency collec-p under i 5514 and this subpart, tions.

1 <

(2) The form and content of hear-(1) Liquidation from final check ings granted under this subpart will Provide ic.t offset under 31 U.S.C.

?

depend on the nature of the transtw-3716. If the employee retires or resigns 4

tions giving rise to the debts included or if his or her employment or period within each debt collection program. of active duty ends before collection of

{d Agencies should refer to 4 CFR the debt is completed, from subse-102.3(c) for information on hearing quent payments of any nature (e.g.,

form and content.

final salary pal'nent, htmp-sum leave, (3) Written deelslons provided after etc.) due the employee from the a request for hearing must, at a mint-paying agency as of the date of sepkra.

L mum, state the facts purported to evi-tion to the extent necessary to liqui-dence the nature and origin of the al-date the c'S t.

+

leged debt; the hearing official's anal-(m) Reevvery from other payments yqis, findings and conclusions, in light due a separated employee Provide for

'C of the hearing, sa to the employee's of fset under 31 U.S.C. 3718 from later I

and/or creditor agency's grounds, the payments of any kind due the former amount and validity of the alleged employee from the United States, debt and, where applicable, the repay-where appropriate, if the debt cannot ment schedule.

be liquidated by offset from any final (h) Method and source Q/ deductions. payment due the former employee as Identify the method and source of de-of the date of separation. (See 4 CFR i

ductions. At a minimum, agency regu-102.3.)

lations must identify the method of (n) Interest, penalties, and admints.

collection as salary offset and the trative costs. Provide for the assess.

source of deductions as current dispos-ment of interest, penalties, and admin I;}5 able pay, except as provided in para-1strative costs on debts being ettected graphs (1) and (m) of this section-under this subpart. These charges and (1) Limitation on amount of deduc-the waiving of them must be pre-tions. Prescribe the limitations on the scribed in accordance with 4 C7R amount of the deduction. Ordinarily, 102.13.

the size of installment deductions (o) Non waiver of rights by pay-p must bear a reasonable relationship to ments. Provide that an employee's in-

?

the size of the debt and the employ-voluntary payment, of all or any por-ee's sollity to pay (see the FCCS). tion of a debt being collected under 5 However, the amount deducted for U.S.C. 5514 must not be construed as a p

'l any period must not exceed 15 percent waiver of any righth, which the em-

}

of the disposable pay from which the ployee may have under 6 U.S.C. 5514 y

deduction is made, unless the employ-or any other provision of contract or ee has agreed in writing to the deduc-law, unless there are statutory or con.

p t!on of a greater amount.

tractual provisions to the contrary.

(j) Duration of deductions. Prescribe (p) Rc/unds. (1) Provide for prompt-i the duration of deductions. Ordinarily, ly refunding to the appropriate party, 4

debts must be collected in one lump-amounts paid or deducted under this s

i sum where possible. However, if the subpart when-l emp'oyee is financially urable to pay (1) A debt is waived or otherwise e

j in one lump sum or the amount of the found not owing to the United States debt exceeds 15 percent of disposable (unless expressly prohibited by statute 3

pay for an officially establiaP9d pay or regulation); or interval, collection must be made in in-(11) The employee's paying agency is e

stallments. Such installment deduc-directed by an administrative or judi-L 338 i

i k

I I

l l

l l

k Offic2 of Personnel Monocement

{ 550 1108 ministrative law judge or before a k cial order to refund amounts deducted hearing official furnished pursuant to from his or her current pay.

I (2) Refunds do not bear interest another lawful astrangement, the cred-unless required or permitted by law or itor agency may contact an agent of contract.

the paying agency designated in Ap-pendix A of Part 581 of this chapter to

$ 550.1105 Review and approval of agency arrange for a hearing official, and the regulations.

paying agency must then cooperate as (a) Initial OPM retietc of agency reo-provided by 4 CPR 102.1 and provide a utstions. (1) Creditor agencies must hearing of ficial.

submit regulations to the Office of (b) When the debtor works for the Personnel Management (OPM) for creditor agency, the creditor agency review in accordance with 5 U.S.C.

may contact any agent (of another 5514 and this subpart prior to publica-agency) designated in Appendix A of ti n of final regulations or prior to im-Part 581 of this chapter to arrange for p12 mentation, if intragency collection a hearing official. Agencies must then procedules are not published. Submis-cooperate as required by 4 CPR 102.1 sions must be for agency wide and/or and provide a hearing official.

Government. wide collections.

(2) Creditor agency regulations must (51 FR 16670 May 6.1986) contain all provisions specified in 9 550.1108 Requesting recovery when the 1 550.1104. If agency regulations are incomplete, OPM will return them current paying agency is not the credi-with information as to what must be

' O ' "8'"'F -

done to obtain approvnl.

(a)

Responsibilities of creditor (b) Proposed changes in salary offset agency. Upon completion of the proce-regulations. If a creditor agency pro-dures established by the creditor poses rignificant changes in the regu-agency under 5 U.S.C. 5514, the credi-lations covering provisions specified in tor agency must do the following:

I 550.1104, the proposed revisions (1) The creditor agency must certify, inust be submitted to OPM for review in writing, that the employee owes the and approval prior to implementation.

debt, the amount and basis of the (c) S 4pplementcl regulations. When debt, the date on which payment (s) is a creditor agency has issued approved due, the date the Government's right regulations covering the provisions to collect the debt first accrued, and specified in i 550.1104, the agency may that the creditor agency's regulations issue any supplemental regulations or implementing 5 U.S.C. 5514 have been instructions, consistent with its ap-approved by OPM.

proved regulations, which are neces-(2) If the collection must be made in Sary for solely internal operations' installments, the creditor agency also Without prior OPM approval.

must advise the paying.e.gency of the 8 550.1106

'ime limit on col,ection of amount or percentage of disposable debts.

pay to be collected in each install.

ment, and if the creditor sgency 4

Under 4 CFR 102.3(bX3), agencies wishes, the number and the commenc-rnay not initiate offset to collect a ing date of the installments (if a date debt more than 10 years after tre other than the next officially estab.

Government's right to collect the debt lished pay period is required).

first accrued, with certain exceptions (3) Unless the employee has consent-explained in that paragraph.

ed to the salary offset in writing or 151 PR 21325. June 12.19861 signed a statement acknowledging re-ceipt of the required procedures and 5 550.1107 Obtaining the nervicen of a the written consent or statement is hming official.

forwarded to the paying agency, the (a) When the debtor does not work creditor agency also must advise the for the creditor agency and the credi. paying agency of the action (s) taken tor agency cannot provide a prompt under 5 U.S C. 5514(b) and give the and appropriate hearmg before an ad-date(s) the action (s) was taken 339 i

m

i 550,1108 5 CFR Ch.1 (1 1-87 Editlen)

(4) Except as otherwise provided hi (2) h,compleic claim. When the this paragraph, the creditor agency paying sgency receives an incomplete must submit a debt claim containing debt from a creditor agency, the i

the information specified in para-paying agency must return the debt I

graphs (a) (1) through (3) of this sec-elaim with a notice that procedures tion and an installment agreement (or under 5 U.S.C. 5514 and this subpart I

other instruction on the payment must be provided and a properly certi-schedule), if applicable, to the employ-fled debt claim received before action ee's paying agency, will be taken to collect from the em.

l (5) If the employee is in the procese ployee's current pay account.

l of separating, the creditor agency (3) Review. The paying agency is not must submit its debt claim to the em-required or authorized to review the ployee's paying agency for collection merits of the creditor agency's deter.

l3 as provided in i 550.1104(1). The mination with respect to the amount paying agency must certify the total or validity of the debt certilled by the amount of its collection and notify the creditor agency.

creditor agency and the employee as (c) Employees who tran4ferfrom one provided in paragraph (c)(1) of this paying agency to another. (1) II, after section. If the paying agency la aware the creditor agency has submitted the that the employee is entitled to pay-debt claim to the employee's paying i

ments from the Civil Service Retire' agency, the employee transfers to a

{

ment and Disability Fund, or other position served by a different paying 14 similar payments, it must provide writ-agency before the debt is collected in g;j ten notification to the agency respon-full, the paying agency from which sible for making such payments that the employee separates must certify the debtor owes a debt (including the the total amount of the collection amount) and that the provisions of made on the debt. One copy of the cer-this section have been fully complied tification must be furnished to the em-j(

with. However, the creditor agency ployee, another to the creditor agency f

must submit a properly certified claim along with notice of the employee's

[

to the agency responsible for making transfer. However, the creditor agency

?

such payments before the collection must submit a properly certilled claim 6 If the employee is already sepa-tion can re umed rated and all payments due from his (2) When an employee transfers to 3

or her former paying agency have another paying agency, the creditor been paid, the creditor agency may re-agency need not repeat the due proc.

quest, unless otherwise prohibited, esa procedures described by 5 U.S.C.

j that money due and payable to the employee from the Civil Service Re-5514 and this subpart to resume the collection. However, the creditor tirement and Disability Fund (5 CFR agency is responsible for reviewing the debt upon receiving the former paying 4

, be a i l'strative offse collect the debt. (See 31 U.S.C. 3'116 Yfer to ke sure the co ect is resumed by the new paying agency, (b)

R spo afbilities of paying agency-(1) Complete claim. When the 151 FR 21325, June 12,1966) 3 paying agency receives a properly cer.

tified debt claim from a creditor PART 551-PAY AD8AINi$TRATION agency, deductions should be sched-UNDER THE FAIR LABOR STAND.

uled to begin prospectively at the next ARD$ ACT 4

officially established pay interval. The f

employee must receive written notice Subpert A-Seneeel Prevb is that the paying agency has received a certified debt claim from the creditor sec.

agency (including the amount) and 551.101 General.

Written notice of the date deductions $51.102 Definitions.

4 from salary will commence and of the 551.103 Coverase.

L mmount of such deductions.

551.104 Administrative authority.

340 l