Custom Federal Regulations Service™

**This is supplemental material**

**for Book A of your set of**

**Federal Regulations**

Title 38, Parts 0, 1, 2, 12, 14-16,

18--20, 25-26, 38-45, 48--49, 75

*General*

**Veterans Benefits Administration**

Supplement No. 80

Covering period of *Federal Register* issues

through December 3, 2007

Copyright © 2007 Jonathan Publishing

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Copyright © 2007 Jonathan Publishing

# GENERAL INSTRUCTIONS

Custom Federal Regulations Service™

**Supplemental Materials for *Book A***

**Code of Federal Regulations**

**Title 38, Parts 0, 1, 2, 12, 14-16, 18--20, 25-26, 39-45, 48--49, 75**

***General***

**Veterans Benefits Administration**

**Supplement No. 80**

5 December 2007

Covering the period of Federal Register issues

through December 3, 2007

When **Book A** was originally prepared, it was current through final
regulations published in the *Federal Register* of 21 April 1992. These
supple­mental materials are designed to keep your regulations up to date.
You should file the attached pages immediately, and record the fact that
you did so on the *Supplement Filing Record* which begins on page A-8 of
Book A, *General*.

> **To ensure accuracy and timeliness of your materials,**
>
> **it is important that you follow these simple procedures:**
>
> 1\. Always file your supplemental materials immediately upon receipt.
>
> 2\. Before filing, always check the Supplement Filing Record (page
> A-8) to be sure that all prior supplements have been filed. If you are
> missing any supple­ments, contact the Veterans Benefits Administration
> at the address listed on page A-2.
>
> 3\. After filing, enter the relevant information on the Supplement
> Filing Record sheet (page A-8)---the date filed, name/initials of
> filer, and date through which the *Federal Register* is covered.
>
> 4\. If as a result of a failure to file, or an undelivered supplement,
> you have more than one supplement to file at a time, be certain to
> file them in chronological order, lower number first.
>
> 5\. Always retain the filing instructions (simply insert them at the
> back of the book) as a backup record of filing and for reference in
> case of a filing error.
>
> 6\. Be certain that you *permanently discard* any pages indicated for
> removal in the filing instructions in order to avoid confusion later.

To execute the filing instructions, simply remove *and throw away* the
pages listed under *Remove These Old Pages,* and replace them in each
case with the corres­pond­ing pages from this supplement listed under *Add
These New Pages*. Occasionally new pages will be added without removal
of any old material (reflecting new regulations), and occasionally old
pages will be removed with­out addition of any new material (reflecting
rescinded regulations)---in these cases the word *None* will appear in
the appropriate column.

> **FILING INSTRUCTIONS**

**Book A, Supplement No. 80**

**December 5, 2007**

*Remove these Add these Section(s)*

*[old pages]{.underline} [new pages]{.underline} [Affected]{.underline}*

**Do not file this supplement until you confirm that**

**all prior supplements have been filed**

**A-17 to A-18 A-17 to A-18 Index to Book A**

1.552-1 to 1.553-1 1.552-1 to 1.553-1 §1.552

1.770-1 to 1.892-1 1.770-1 to 1.892-1 §§1.780--1.783 removed

1.923-1 to 1.924-1 1.923-1 to 1.924-1 §1.923

1.983-1 to 1.983-2 1.983-1 to 1.983-2 §1.983

**2.4-1 to 2.6-1 2.4-1 to 2.6-1 §§2.4--2.5**

**Be sure to complete the**

***Supplement Filing Record* (page A-8)**

**when you have finished filing this material.**

> **HIGHLIGHTS**

**Book A, Supplement No. 80**

**December 5, 2007**

***Supplement* Highlights *references***: Where substantive changes are
made in the text of regulations, the paragraphs of *Highlights* sections
are cited at the end of the relevant section of text. Thus, if you are
reading §3.263, you will see a note at the end of that section which
reads: "Supplement *Highlights* references---6(2)." This means that
paragraph 2 of the *Highlights* section in Supplement No. 6 contains
information about the changes made in §3.263. By keeping and filing the
*Highlights* sections, you will have a reference source explaining all
substantive changes in the text of the regulations.

***Supplement frequency***: This Book A (*General*) was originally
supplemented twice a year, in April and October. Beginning 1 August
1995, supplements will be issued *every month* during which a final rule
addition or modification is made to the parts of Title 38 covered by
this book. Supplements will be numbered consecutively as issued.

**Modifications in this supplement include the following:**

1\. On 21 November 2007, the VA published a final rule, effective that
same date, to remove provisions in VA regulations concerning VA's former
Board of Contract Appeals, and provide authority for other hearing
officials to hear certain salary offset matters that formerly could be
heard by officials of that Board. Changes:

In §1.552 revised paragraph (a), removed paragraph (b), and redesignated
paragraphs (c)--(d) as (b)--(c);

Removed and reserved §§1.780--1.783;

In §1.923, revised paragraph (c);

In §1.983, revised paragraph (b)(8);

Revised §2.4; and

In §2.5, removed paragraph (b) and redesignated paragraph (c) as (b).

**Use of Official Mail in the Location and Recovery of Missing
Children**

1.700 Purpose 1.700-1

1.701 Contact person for missing children official mail program 1.701-1

1.702 Policy 1.702-1

1.703 Cost and percentage estimates 1.703-1

1.704 \[Reserved\]

1.705 Restrictions on use of missing children information 1.705-1

**Homeless Claimants**

1.710 Homeless claimants: Delivery of benefit payments and
correspondence 1.710-1

**Appeals from Decisions of Contracting Officers**

1.770--1.776 \[Removed\]

**Appeals from Decisions of Contracting Officers under the**

**Contract Disputes Act of 1978**

1.780--1.783 \[Removed\]

**Part-time Career Employment Program**

1.891 Purpose of program 1.891-1

1.892 Review of positions 1.892-1

1.893 Establishing and converting time positions 1.893-1

1.894 Annual goals and timetables 1.894-1

1.895 Review and evaluation 1.895-1

1.896 Publicizing vacancies 1.896-1

1.897 Exceptions 1.897-1

**Standards for Collection, Compromise, Suspension or Termination**

**of Collection Effort, and Referral of Civil Claims for Money or
Property**

1.900 Prescription of standards 1.900-1

1.901 No private rights created 1.901-1

1.902 Antitrust, fraud, and tax and interagency claims 1.902-1

1.903 Settlement, waiver, or compromise under other statutory

or regulatory authority 1.903-1

1.904 Form of payment 1.904-1

1.905 Subdivision of claims not authorized 1.905-1

1.906 Required administrative proceedings 1.906-1

1.907 Definitions 1.907-1

1.910 Aggressive collection action 1.910-1

1.911 Collection of debts owed by reason of participation in a

benefits program 1.911-1

1.911a Collection of non-benefit debts 1.911a-1

1.912 Collection by offset 1.912-1

1.912a Collection by offset---from VA benefit payments 1.912a-1

1.913 Liquidation of collateral 1.913-1

1.914 Collection in installments 1.914-1

1.915 Interest, administrative costs, and penalties 1.915-1

1.916 Disclosure of debt information to consumer reporting agencies
(CRA) 1.916-1

1.917 Contracting for collection services 1.917-1

1.918 Use and disclosure of mailing addresses 1.918-1

1.919 Administrative offset against amounts payable from Civil Service

Retirement and Disability Fund, Federal Employees Retirement

System (FERS), final salary check, and lump sum leave payments 1.919-1

1.920 Referral of VA debts 1.920-1

1.921 Analysis of costs 1.921-1

1.922 Exemptions 1.922-1

1.923 Administrative wage garnishment 1.923-1

1.924 Suspension or revocation of eligibility for federal loans, loan
insurance,

loan guarantees, licenses, permits, or privileges 1.924-1

1.929 Reduction of debt through performance of work-study services
1.929-1

1.930 Scope and application 1.930-1

1.931 Bases for compromise 1.931-1

1.932 Enforcement policy 1.932-1

1.933 Joint and several liability 1.933-1

1.934 Further review of compromise offers 1.934-1

1.935 Consideration of tax consequences to the Government 1.935-1

1.936 Mutual releases of the debtor and VA 1.936-1

1.940 Scope and application 1.940-1

1.941 Suspension of collection activity 1.941-1

1.942 Termination of collection activity 1.942-1

1.943 Exception to termination 1.943-1

1.944 Discharge of indebtedness; reporting requirements 1.944-1

1.950 Prompt referral 1.950-1

1.951 Claims Collection Litigation Report (CCLR) 1.951-1

1.952 Preservation of evidence 1.952-1

1.953 Minimum amount of referrals to the Department of Justice 1.953-1

1.955 Regional office Committees on Waivers and Compromises 1.955-1

1.956 Jurisdiction 1.956-1

1.957 Committee authority 1.957-1

1.958 Finality of decisions 1.958-1

1.959 Records and certificates 1.959-1

1.960 Legal and technical assistance 1.960-1

1.961 Releases 1.961-1

1.962 Waiver of overpayments 1.962-1

1.963 Waiver; other than loan guaranty 1.963-1

**§1.552 Public access to information that affects the public when not
published in the Federal Register as constructive notice.**

\(a\) Those statements of policy and interpretations adopted by the
Department of Veterans Affairs but not published in the *Federal
Register*, and administrative manuals and staff instructions that affect
any member of the public, unless promptly published and copies offered
for sale, will be kept currently indexed by the office of primary
program responsibility or the Manager, Administrative Services, as
determined by the Secretary or designee. Such index or indexes or
supplements thereto will be promptly published, quarterly or more
frequently, and distributed (by sale or otherwise) unless the Department
of Veterans Affairs determines by order published in the *Federal
Register* that publication would be unnecessary and impracticable, in
which case the Department of Veterans Affairs will nonetheless provide
copies of such index or indexes or supplements thereto on request at a
cost not to exceed the direct cost of duplication. Both the index and
the materials indexed as required by this paragraph will be made
available to the public, for inspection and copying. Public reading
facilities for this purpose will be maintained in Department of Veterans
Affairs Central Office and Department of Veterans Affairs field
facilities, open to the public during the normal duty hours of the
office in which located. Orders made in the adjudication of individual
claims under laws administered by the Department of Veterans Affairs are
confidential and privileged by statute (38 U.S.C. 5701) and so are
exempt from this requirement.

\(b\) When publishing or making available to the public any opinion,
order, statement of policy, interpretation, staff manual or instruction
to staff, identifying details will be deleted, and the deletion
justified in writing, to the extent required to prevent a clearly
unwarranted invasion of personal privacy.

\(c\) No final order, opinion, statement of policy, interpretation,
staff manual or instruction which is issued, adopted, or promulgated
after July 4, 1967, that affects any member of the public may be relied
upon, used, or cited as precedent against any private party unless it
has been indexed and either made available or published as provided in
this section or unless that private party shall have actual and timely
notice of the terms thereof.

\[32 FR 10850, July 25, 1967, as amended at 40 FR 12657, Mar. 20, 1975;
72 FR 65462, Nov. 21, 2007\]

**Supplement *Highlights* reference**: 80(1)

**§1.553 Public access to other reasonably described records.**

\(a\) Except for requests for records which are processed under §§1.551
and 1.552 of this part, unless otherwise provided for in title 38, Code
of Federal Regulations, all requests for records shall be processed
under paragraph (b) of this section, as well as under any other VA law
or regulation governing access to or confidentiality of records or
information. Records or information customarily furnished to the public
in the regular course of the performance of official duties may be
furnished to the public without reference to paragraph (b) of this
section. To the extent permitted by other laws and regulations, VA will
also consider making available records which it is permitted to withhold
under the FOIA if it determines that such disclosure could be in the
public interest.

\(b\) Reasonably described records in VA custody, or copies thereof,
other than records made available to the public under provisions of
§§1.551 and 1.552 of this part, or unless otherwise provided for in
title 38, Code of Federal Regulations, requested in accordance with
published rules stating the time, place, fees (if any), and procedures
to be followed, will be made promptly available, except as provided in
§1.554 of this part, to any person upon request. Such request must be in
writing, over the signature of the requester and must contain a
reasonable description of the record desired so that it may be located
with relative ease. The request should be made to the office concerned
(having jurisdiction of the record desired) or, if not known, to the
Director or Veterans Service Center Manager in the nearest VA regional
office; the Director, or Chief, Medical Administration Service, or other
responsible official of VA medical facility where most recently treated;
or to the Department of Veterans Affairs Central Office, 810 Vermont
Avenue NW., Washington, DC 20420. Personal contacts should normally be
made during the regular duty hours of the office concerned, which are 8
a.m. to 4:30 p.m. Monday through Friday for VA Central Office and most
field facilities. (Authority: 5 U.S.C. 552(a)(3))

\[53 FR 10377, Mar. 31, 1988, as amended at 71 FR 28586, May 17, 2006\]

*Next Section is §1.553a*

**Note**: §§1.770--1.776 were removed by 60 Fed. Reg. 48029, Sept. 18,
1995.

**Note**: §§1.780--1.783 were removed and reserved by 72 Fed. Reg.
65462, Nov. 21, 2007.

*Next Section is §1.891*

**Part-Time Career Employment Program**

**Source**: Sections 1.891 through 1.897 appear at 44 FR 55172,

Sept. 25, 1979, unless otherwise noted.

**§1.891 Purpose of program.**

Many individuals in society possess great productive potential which
goes unrealized because they cannot meet the requirements of a standard
workweek. Permanent part-time employment also provides benefits to other
individuals in a variety of ways, such as providing older individuals
with a gradual transition into retirement, providing employment
opportunities to handicapped individuals or others who requires a
reduced workweek, providing parents opportunities to balance family
responsibilities with the need for additional income, and assisting
students who must finance their own education or vocational training. In
view of this, the Department of Veterans Affairs will operate a
part-time career employment program, consistent with the needs of its
beneficiaries and its responsibilities. (Authority: 5 U.S.C. 3401 note)

\[44 FR 55172, Sept. 25, 1979, as amended at 61 FR 38571, July 25,
1996\]

**§1.892 Review of positions.**

Positions becoming vacant, unless excepted as provided by §1.897, will
be reviewed to determine the feasibility of converting them to
part-time. Among the criteria which may be used when conducting this
review are:

\(a\) Mission requirements.

\(b\) Workload.

\(c\) Employment ceilings and budgetary considerations.

\(d\) Availability of qualified applicants willing to work part time.

\(e\) Other criteria based on local needs and circumstances.

(Authority: 5 U.S.C. 3402)

\[44 FR 55172, Sept. 25, 1979, as amended at 61 FR 38571, July 25,
1996\]

**§1.923 Administrative wage garnishment.**

\(a\) In accordance with the procedures set forth in 31 U.S.C. 3720D and
31 CFR 285.11, VA or Treasury may request that a non-Federal employer
garnish the disposable pay of an individual to collect delinquent
non-tax debt owed to VA. VA may pursue wage garnishment independently in
accordance with this section or VA or Treasury may pursue garnishment
after VA refers a debt to Treasury in accordance with §1.910 of this
part and 31 CFR 285.12. For the purposes of this section, any reference
to Treasury also includes any private collection agency under contract
to Treasury.

\(b\) At least 30 days prior to the initiation of garnishment
proceedings, VA or Treasury shall send a written notice, as described in
31 CFR 285.11(e), by first class mail to the debtor's last known
address. This notice shall inform the debtor of:

\(1\) The nature and amount of the debt;

\(2\) The intention of VA or Treasury to initiate proceedings to collect
the debt through deductions from the debtor's pay until the debt and all
accumulated interest, and other late payment charges, are paid in full,
and;

\(3\) An explanation of the debtor's rights, including the opportunity:

\(i\) To inspect and copy VA records pertaining to the debt;

\(ii\) To enter into a written repayment agreement with VA or Treasury
under terms agreeable to VA or Treasury, and;

\(iii\) To a hearing in accordance with 31 CFR 285.11(f) and paragraph
(c) of this section concerning the existence or amount of the debt or
the terms of the proposed repayment schedule under the garnishment
order. However, the debtor is not entitled to a hearing concerning the
terms of the proposed repayment schedule if these terms have been
established by written agreement under paragraph (b)(3)(ii) of this
section.

\(c\) Any hearing conducted as part of the administrative wage
garnishment process shall be conducted by the designated hearing
official in accordance with the procedures set forth in 31 CFR
285.11(f). This hearing official may be any VA hearing official. This
hearing official may also conduct administrative wage garnishment
hearings for other Federal agencies.

\(1\) The hearing may be oral or written as determined by the designated
hearing official. The hearing official shall provide the debtor with a
reasonable opportunity for an oral hearing when the hearing official
determines that the issue in dispute cannot be resolved by review of
documentary evidence, for example, when the validity of the claim turns
on the issue of credibility or veracity. The hearing official shall
establish the time and place of any oral hearing. At the debtor's
option, an oral hearing may be conducted either in person or by
telephone conference call. A hearing is not required to be a formal,
evidentiary-type hearing, but witnesses who testify in oral hearings
must do so under oath or affirmation. While it is not necessary to
produce a transcript of the hearing, the hearing official must maintain
a summary record of the proceedings. All travel expenses incurred by the
debtor in connection with an in-person hearing shall be borne by the
debtor. VA or Treasury shall be responsible for all telephone expenses.
In the absence of good cause shown, a debtor who fails to appear at a
hearing will be deemed as not having timely filed a request for a
hearing.

\(2\) If the hearing official determines that an oral hearing is not
necessary, then he/she shall afford the debtor a "paper hearing." In a
"paper hearing," the hearing official will decide the issues in dispute
based upon a review of the written record.

\(3\) If the debtor's written request for a hearing is received by
either VA or Treasury within 15 business days following the mailing of
the notice described in paragraph (b) of this section, then VA or
Treasury shall not issue a withholding order as described in paragraph
(d) of this section until the debtor is afforded the requested hearing
and a decision rendered. If the debtor's written request for a hearing
is not received within 15 business days following the mailing of the
notice described in paragraph (b) of this section, then the hearing
official shall provide a hearing to the debtor, but will not delay
issuance of a withholding order as described in paragraph (d) of this
section, unless the hearing official determines that the delay in filing
was caused by factors beyond the debtor's control.

\(4\) The hearing official shall notify the debtor of:

\(i\) The date and time of a telephone conference hearing;

\(ii\) The date, time, and location of an in-person oral hearing, or;

\(iii\) The deadline for the submission of evidence for a written
hearing.

\(5\) Except as provided in paragraph (c)(6)of this section, VA or
Treasury shall have the burden of going forward to prove the existence
or amount of the debt, after which the debtor must show, by a
preponderance of the evidence, that no debt exists or that the amount of
the debt is incorrect. In general, this means that the debtor must show
that it is more likely than not that a debt does not exist or that the
amount of the debt is incorrect. The debtor may also present evidence
that terms of the repayment agreement are unlawful, would cause a
financial hardship, or that collection of the debt may not be pursued
due to operation of law.

\(6\) If the debtor has previously contested the existence and/or amount
of the debt in accordance with §1.911(c)(1) or §1.911a(c)(1) and VA
subsequently rendered a decision upholding the existence or amount of
the debt, then such decision shall be incorporated by reference and
become the basis of the hearing official's decision on such matters.

\(7\) The hearing official shall issue a written decision as soon as
practicable, but not later than 60 days after the date on which the
request for such hearing was received by VA or Treasury. The decision
will be the final action for the purposes of judicial review under the
Administrative Procedure Act (5 U.S.C. 701, *et seq*.). The decision
shall include:

\(i\) A summary of the facts presented;

\(ii\) The hearing official's findings, analysis, and conclusions, and;

\(iii\) The terms of the repayment schedule, if applicable.

\(d\) In accordance with 31 CFR 285.11(g) and (h), VA or Treasury shall
send a Treasury-approved withholding order and certification form by
first class mail to the debtor's employer within 30 days after the
debtor fails to make a timely request for a hearing. If a timely request
for a hearing has been filed by the debtor, then VA or Treasury shall
send a withholding order and certification form by first class mail to
the debtor's employer within 30 days after a final decision is made to
proceed with the garnishment. The employer shall complete and return the
certification form as described in 31 CFR 285.11(h).

\(e\) After receipt of the garnishment order, the employer shall
withhold the amount of garnishment as described in 31 CFR 285.11(i) from
all disposable pay payable to the applicable debtor during each pay
period.

\(f\) A debtor whose wages are subject to a wage withholding order under
31 CFR 285.11 may request a review, under the procedures set forth in 31
CFR 285.11(k), of the amount garnished. A request for review shall only
be considered after garnishment has been initiated. The request must be
based on materially changed circumstances such as disability, divorce,
or catastrophic illness which result in financial hardship that limit
the debtor's ability to provide food, housing, clothing, transportation,
and medical care for himself/herself and his/her dependents. (Authority:
31 U.S.C. 3720D; 38 U.S.C. 501; 31 CFR 285.11).

\[69 FR 62196, Oct. 25, 2004, as amended at 72 FR 65462, Nov. 21, 2007\]

**Supplement *Highlights* reference**: 80(1)

**§1.924 Suspension or revocation of eligibility for federal loans, loan
insurance, loan**

> **guarantees, licenses, permits, or privileges.**

\(a\) In accordance with 31 U.S.C. 3720B and the procedures set forth in
31 CFR 285.13 and §901.6, a person owing an outstanding non-tax debt
that is in delinquent status shall not be eligible for Federal financial
assistance unless exempted under paragraph (d) of this section or waived
under paragraph (e) of this section.

\(b\) Federal financial assistance or financial assistance means any
Federal loan (other than a disaster loan), loan insurance, or loan
guarantee.

\(c\) For the purposes of this section only, a debt is in a delinquent
status if the debt has not been paid within 90 days of the payment due
date or by the end of any grace period provided by statute, regulation,
contract, or agreement. The payment due date is the date specified in
the initial written demand for payment. Further guidance concerning the
delinquent status of a debt may be found at 31 CFR 285.13(d).

\(d\) Upon the written request and recommendation of the Secretary of
Veterans Affairs, the Secretary of the Treasury may grant exemptions
from the provisions of this section. The standards for exemptions
granted for classes of debts are set forth in 31 CFR 285.13(f).

\(e\) (1) VA's Chief Financial Officer or Deputy Chief Financial Officer
may waive the provisions of paragraph (a) of this section only on a
person-by-person basis.

\(2\) The Chief Financial Officer or Deputy Chief Financial Officer
should balance the following factors when deciding whether to grant a
waiver:

\(i\) Whether the denial of the financial assistance to the person would
tend to interfere substantially with or defeat the purposes of the
financial assistance program or otherwise would not be in the best
interests of the Federal government; and

\(ii\) Whether the granting of the financial assistance to the person is
contrary to the government's goal of reducing losses by requiring proper
screening of potential borrowers.

\(3\) When balancing the factors described in paragraph (e)(2)(i) and
(e)(2)(ii) of this section, the Chief Financial Officer or Deputy Chief
Financial Officer should consider:

\(i\) The age, amount, and cause(s) of the delinquency and the
likelihood that the person will resolve the delinquent debt; and

\(ii\) The amount of the total debt, delinquent or otherwise, owed by
the person and the person's credit history with respect to repayment of
debt.

\(4\) A centralized record shall be retained of the number and type of
waivers granted under this section.

**§1.983 Notice requirements before salary offsets of debts not
involving benefits under laws administered by VA.**

\(a\) For a debt not involving benefits under the laws administered by
VA, the Secretary or designee will review the records relating to the
debt to assure that it is owed prior to providing the employee with a
notice of the debt.

\(b\) Except as provided in §1.980(e), salary offset of debts not
involving benefits under the laws administered by VA will not be made
unless the Secretary or designee first provides the employee with a
minimum of 30 calendar days written notice. This notice will state:

\(1\) The Secretary or designee's determination that a debt is owed;

\(2\) The amount of the debt owed and the facts giving rise to the debt;

\(3\) The Secretary or designee's intention to collect the debt by means
of deduction from the employee's current disposable pay account until
the debt and all accumulated interest and associated costs are paid in
full;

\(4\) The amount, frequency, approximate beginning date, and duration of
the intended deductions;

\(5\) An explanation of VA's requirements concerning interest,
administrative costs, and penalties;

\(6\) The employee's right to inspect and copy VA records relating to
the debt or, if the employee or his or her representative cannot
personally inspect the records, to request and receive a copy of such
records;

\(7\) The employee's right to enter into a written agreement with the
Secretary or designee for a repayment schedule differing from that
proposed by the Secretary or designee, so long as the terms of the
repayment schedule proposed by the employee are agreeable to the
Secretary or designee;

\(8\) The VA employee's right to request an oral or paper hearing on the
Secretary or appropriate designee's determination of the existence or
amount of the debt, or the percentage of disposable pay to be deducted
each pay period, so long as a request is filed by the employee as
prescribed by the Secretary. The hearing official for the hearing
requested by a VA employee must be either a VA administrative law judge
or a hearing official from an agency other than VA. Any VA hearing
official may conduct an oral or paper hearing at the request of a non-VA
employee on the determination by an appropriately designated official of
the employing agency of the existence or amount of the debt, or the
percentage of disposable pay to be deducted each pay period, so long as
a hearing request is filed by the non-VA employee as prescribed by the
employing agency.

\(9\) The method and time period for requesting a hearing;

\(10\) That the timely filing of a request for a hearing (oral or paper)
will stay the commencement of salary offset;

\(11\) That a final decision after the hearing will be issued at the
earliest practical date, but no later than 60 calendar days after the
filing of the request for the hearing, unless the employee requests and
the hearing officer grants a delay in the proceedings;

\(12\) That any knowingly false or frivolous statements,
representations, or evidence may subject the employee to:

\(i\) Disciplinary procedures appropriate under 5 U.S.C. ch. 75, 5 CFR
part 752, or any other applicable statutes or regulations;

\(ii\) Penalties under the False Claims Act, 31 U.S.C. 3729--3731, or
any other applicable statutory authority; or

\(iii\) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002 or
any other applicable statutory authority.

\(13\) The employee's right, if applicable, to request waiver under 5
U.S.C. 5584 and 38 CFR 1.963a and any other rights and remedies
available to the employee under statutes or regulations governing the
program for which the collection is being made; and

\(14\) Unless there are applicable contractual or statutory provisions
to the contrary, that amounts paid on or deducted for the debt which are
later waived or found not owed to the United States will be promptly
refunded to the employee. (Authority: 5 U.S.C. 5514)

\[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62202, Oct. 25, 2004;
72 FR 65462, Nov. 21, 2007\]

**Supplement *Highlights* reference**: 80(1)

**§2.4 Delegation of authority to order paid advertising for use in
recruitment.**

Paid advertisements may be used in recruitment for VA competitive and
excepted service positions. Authority to order such advertisements is
hereby delegated to Administrative Heads, Assistant Secretaries, Other
Key Officials (the General Counsel; the Inspector General; the Chairman,
Board of Veterans' Appeals; and the Director, Office of Small and
Disadvantaged Business Utilization), Deputy Assistant Secretaries, to
the deputies of such officials, to the Deputy Assistant Secretary and
Associate Deputy Assistant Secretary for Human Resources Management, and
to field facility Directors. (Authority: 5 U.S.C. 302(b)(2); 44 U.S.C.
3702)

\[32 FR 7127, May 11, 1967, as amended at 49 FR 30692, Aug. 1, 1984; 54
FR 34980, Aug. 23, 1989; 61 FR 20134, May 6, 1996; 72 FR 65462, Nov. 21,
2007\]

**Supplement *Highlights* references**: 14(1), 80(1).

**§2.5 Delegation of authority to certify copies of documents, records,
or papers in Department of Veterans Affairs files.**

\(a\) Persons occupying or acting for the following positions in the
Office of the General Counsel are authorized to certify copies of public
documents, records, or papers belonging to or in the files of the
Department of Veterans Affairs for the purposes of 38 U.S.C. 302:
General Counsel, Deputy General Counsel, Assistant General Counsel,
Deputy Assistant General Counsel, and the Regional Counsel for Puerto
Rico.

\(b\) The person occupying or acting in the position of Chairman, Board
of Veterans Appeals, is authorized to certify copies of decisions,
orders, subpoenas, and other documents, records, or papers issued by,
belonging to, or in the files of the Board for the purposes of 38 U.S.C.
302. (Authority: 38 U.S.C. 302, 501, 512)

\[46 FR 18978, Mar. 27, 1981, as amended at 49 FR 30692, Aug. 1, 1984;
60 FR 48029, Sept. 18, 1995; 61 FR 7216, Feb. 27, 1996; 72 FR 65462,
Nov. 21, 2007\]

**Supplement *Highlights* references**: 8(1), 80(1).

Reserved

**§2.6 Secretary's delegations of authority to certain officials (38
U.S.C. 512).**

Employees occupying or acting in the positions designated below are
delegated authority as indicated:

\(a\) *Veterans Health Administration.* The Under Secretary for Health
is delegated authority:

\(1\) To act on all matters assigned to the Veterans Health
Administration by statute (38 U.S.C. ch. 73) and by regulation, except
such matters as require the personal attention or action of the
Secretary.

\(2\) To revise, exceed, delete, increase, or decrease fees contained in
Department of Veterans Affairs Veterans Health Services and Research
Administration Manual M-1, part I, appendix A (following agreement
therefor as provided in the contract with the intermediary involved), in
an approved State fee schedule, and to add additional fees when found to
be necessary, provided such fees are not in excess of those customarily
charged the general public, in the community concerned, for the same
service.

\(3\) To designate the Deputy Under Secretary for Health, or other
physician of the Veterans Health Administration, and authority is hereby
delegated such designee to perform the functions prescribed in paragraph
(a)(2) of this section.

\(4\) To revise, exceed, delete, increase or decrease dental fees
established in Department of Veterans Affairs Veterans Health Services
and Research Administration Manual M-4, chapter 6, and any amendments
thereto, and to add additional fees when found to be necessary,
provided: such fees are not in excess of those customarily charged the
general public, in the community concerned, for the same service.

\(5\) To designate the Assistant Chief Medical Director for Dentistry,
and authority is hereby delegated such designee, to perform the
functions prescribed in paragraph (a)(4) of this section.

\(6\) To supervise programs for grants to the Republic of the
Philippines and medical care for Commonwealth Army veterans and
Philippine Scouts in Veterans Memorial Medical Center, Manila, pursuant
to the provisions of 38 U.S.C. ch. 17, subch. IV.

\(7\) To designate the Deputy Under Secretary for Health of the Veterans
Health Administration and authority is hereby delegated such designee to
designate a Department of Veterans Affairs full-time physician or
nonmedical Director to serve *as an ex officio member* on advisory
bodies to State Comprehensive Health Planning agencies and to individual
Regional Medical Programs in those areas in which there is located one
or more Department of Veterans Affairs hospitals or other health
facilities, who shall serve on such advisory group as the representative
of the Department of Veterans Affairs health facilities located in that
area.

\(8\) To authorize Directors of Department of Veterans Affairs property
and facilities under the charge and control of the Department of
Veterans Affairs to appoint police