§ 814.5 Notification before deductions begin. ( a ) CSOSA and/or a Debt Collection Center will provide employees notification before deductions begin. Except as provided in § 814.4, agency pay deductions under the authority of 5 U.S.C. 5514 must not be made unless the Director (or authorized designee) provides the employee a written notice at least 30 days before any deduction begins. (For debts outstanding more than 10 years on or before June 11, 2009, see also 31 CFR 285.7(d) for additional notification requirements.) The written notice must state at a minimum: ( 1 ) CSOSA's determination that a debt is owed, including the origin, nature, and amount of that debt;
( 2 ) CSOSA's intention to collect the debt by means of deduction from the employee's current disposable pay account;
( 3 ) The frequency and amount of the intended deduction (stated as a fixed dollar amount or as a percentage of pay, not to exceed 15 percent of disposable pay except as provided in § 814.10) and the intention to continue the deductions until the debt is paid in full or otherwise resolved;
( 4 ) An explanation of CSOSA's policy concerning interest, penalties, and administrative costs, including a statement that such assessments must be made unless excused in accordance with the FCCS as defined in § 814.2;
( 5 ) The employee's right to inspect and copy Government records relating to the debt or, if employee or his or her representative cannot personally inspect the records, to request and receive a copy of such records;
( 6 ) If not previously provided, the opportunity (under terms agreeable to CSOSA) to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement to establish a schedule for repayment of the debt in lieu of offset. The agreement must be in writing, signed by both the employee and CSOSA; and documented in CSOSA's files;
( 7 ) The employee's right to a hearing conducted by an official arranged by CSOSA (an administrative law judge, or alternatively, a hearing official not under the control of the Director of CSOSA) if a petition is filed as prescribed in § 814.6;
( 8 ) The method and time period for petitioning for a hearing;
( 9 ) The name and address of the office to which the petition should be set.
( 10 ) That the timely and complete filing of a petition for hearing will stay the commencement of collection proceedings;
( 11 ) That a final decision on the hearing (if one is requested) will be issued at the earliest practical date, but not later than 60 days after the filing of the petition requesting the hearing unless the employee requests and the hearing official 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. chapter 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 ) Any other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made;
( 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; and
( 15 ) Proceedings with respect to such debt are governed by 5 U.S.C. 5514.
( b ) The Director, as defined in § 814.2, will retain evidence of service indicating the date of mailing of the notice.