Sidebilder
PDF
ePub

Hearing official means an individual responsible for conducting any hearing with respect to the existence or amount of a debt claimed and who renders a decision on the basis of such hearing. A hearing official may not be under the supervision or control of the President of the Inter-American Foundation.

Paying Agency means the agency that employs the individual who owes the debt and authorizes the payment of his/ her current pay.

President means the President of the Inter-American Foundation or the President's designee.

Salary offset means an administrative offset to collect a debt pursuant to 5 U.S.C. 5514 by deduction(s) at one or more officially established pay intervals from the current pay account of an employee without his/her consent.

[ocr errors]

lections Standards at 4 CFR 101.1 et seg.;

(5) The employee's right to inspect, request, and receive a copy of government records relating to the debt;

(6) The opportunity to establish a written schedule for the voluntary repayment of the debt;

(7) The right to a hearing conducted by an impartial hearing official;

(8) The methods and time period for petitioning for hearings;

(9) A statement that the timely filing of a petition for a hearing will stay the commencement of collection proceedings;

(10) A statement that a final decision on the hearing will be issued 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;

(11) A statement that knowingly false or frivolous statements, representations, or evidence may subject the employee to appropriate disciplinary procedures;

(12) A statement of other rights and remedies available to the employee under statutes or regulations governing the program for which the collection is being made; and

(13) Unless there are contractual or statutory provisions to the contrary, a statement 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.

81007.3 Applicability.

(a) These regulations are to be followed when:

(1) The Inter-American Foundation is owed a debt by an individual currently employed by another federal agency;

(2) The Inter-American Foundation is owed a debt by an individual who is a current employee of the Inter-American Foundation; or

(3) The Inter-American Foundation employs an individual who owes a debt to another federal agency.

[ocr errors]

$ 1007.4 Notice requirements.

(a) Deductions shall not be made unless the employee is provided with written notice, signed by the President, of the debt at least 30 days before salary offset commences.

(b) The written notice shall contain:

(1) A statement that the debt is owed and an explanation of its nature and amount;

(2) The agency's intention to collect the debt by deducting from the employee's current disposable pay account;

(3) The amount, frequency, proposed beginning date, and duration of the intended deduction(s);

(4) An explanation of interest, penalties, and administrative charges, including a statement that such charges will be assessed unless excused in accordance with the Federal Claims Col

8 1007.5 Hearing.

(a) Request for hearing. (1) An employee must file a petition for a hearing in accordance with the instructions outlined in the agency's notice to offset.

(2) A hearing may be requested by filing a written petition addressed to the President of the Inter-American Foundation stating why the employee disputes the existence or amount of the debt. The petition for a hearing must be received by the President no later than fifteen (15) calendar days after the date of the notice to offset unless the employee can show good cause for failing to meet the deadline date.

(b) Hearing procedures. (1) The hearing will be presided over by an impartial hearing official.

(2) The hearing shall conform to procedures contained in the Federal Claims Collection Standards, 4 CFR 102.3(c). The burden shall be on the employee to demonstrate that the existence or the amount of the debt is in error. $1007.6 Written decision.

(a) The hearing official shall issue a written opinion no later than 60 days after the hearing.

(b) The written opinion will include: a statement of the facts presented to demonstrate the nature and origin of the alleged debt; the hearing official's analysis, findings and conclusions; the amount and validity of the debt, and the repayment schedule.

$1007.7 Coordinating offset with an

other Federal agency. (a) The Inter-American Foundation as the creditor agency. (1) When the President determines that an employee of another federal ag cy owes a delinquent debt to the Inter-American Foundation, the President shall as ap propriate:

(1) Arrange for a hearing upon the proper petitioning by the employee;

(ii) Certify to the paying agency in writing that the employee owes the debt, the amount and basis of the debt, the date on which payment is due, the date the Government's right to collect the debt accrued, and that Foundation regulations for salary offset have been approved by the Office of Personnel Management;

(iii) If collection must be made in installments, the President must advise the paying agency of the amount or percentage of disposable pay to be collected in each installment;

(iv) Advise the paying agency of the actions taken under 5 U.S.C. 5514(b) and provide the dates on which action was taken unless the employee has consented to salary offset in writing or signed a statement acknowledging receipt of procedures required by law. The written consent or acknowledgment must be sent to the paying agenсу;

(v) If the employee is in the process of separating, the Foundation must submit its debt claim to the paying agency as provided in this part. The paying agency must certify any amounts already collected, notify the employee, and send a copy of the certification and notice of the employee's separation to the Inter-American Foundation. If the paying agency is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund or similar payments, it must certify to the agency responsible for making such payments the amount of the debt and that the provisions of 5 CFR 550.1108 have been followed; and

(vi) If the employee has already separated and all the payments due from the paying agency have been paid, the President may request unless otherwise prohibited, that money payable to the employee from the Civil Service Retirement and Disability Fund or other similar funds be collected by administrative offset.

(b) The Foundation as the paying agency. (1) Upon receipt of a properly certified debt claim from another agency, deductions will be scheduled to begin at the next established pay interval. The employee must receive written notice that the Inter-American Foundation has received a certified debt claim from the creditor agency, the amount of the debt, the date salary offset will begin, and the amount of the deduction(s). The Inter-American Foundation shall not review the merits of the creditor agency's determination of the validity or the amount of the certified claim.

(2) If the employee transfers to another agency after the creditor agency has submitted its debt claim to the Inter-American Foundation and before the debt is collected completely, the Inter-American Foundation must certify the total amount collected. One copy of the certification must be furnished to the employee. A copy must be furnished to the creditor agency with notice of the employee's transfer. 8 1007.8 Procedures for salary offset.

(a) Deductions to liquidate an employee's debt will be by the method and in the amount stated in the President's

to satisfy debts owed to the creditor agency when the debt is waived, found not owed, or when directed by an administrative or judicial order.

(c) Unless required by law, refunds under this subsection shall not bear interest.

notice of intention to offset as provided in $1007.4. Debts will be collected in one lump sum where possible. If the employee is financially unable to pay in one lump sum, collection must be made in installments.

(b) Debts will be collected by deduction at officially established pay intervals from an employee's current pay account unless alternative arrangements for repayinent are made.

(c) Installment deductions will be made over a period not greater than the anticipated period of employment. The size of installment deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay. The deduction for the pay interval for any period must not exceed 15% of disposable pay unless the employee has agreed in writing to a deduction of a greater amount.

(d) Unliquidated debts may be offset against any financial payment due to a separated employee including but not limited to final salary or leave payments in accordance with 31 U.S.C. 3716.

[merged small][ocr errors][merged small]

8 1007.9 Refunds.

(a) The Inter-American Foundation will refund promptly any amounts deducted to satisfy debts owed to the IAF when the debt is waived, found not owed to the IAF, or when directed by an administrative or judicial order.

(b) The creditor agency will promptly return any amounts deducted by IAF

8 1007.12 Interest, penalties, and ad.

ministrative costs. Charges may be assessed for interest, penalties, and administrative costs in accordance with the Federal Claims Collection Standards, 4 CFR 102.13.

[ocr errors]

CHAPTER XI-INTERNATIONAL

BOUNDARY AND WATER
COMMISSION, UNITED STATES AND
MEXICO, UNITED STATES SECTION

[ocr errors][merged small]

Page 440 448 460

Employee responsibilities and conduct
Privacy Act of 1974 ......
Freedom of Information Act
Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by
International Boundary and Water Commission,

United States and Mexico, United States Section
Protection of archaeological resources

469 474

1104

157-077 0-95-15

PART 1100-EMPLOYEE RESPONSIBILITIES AND CONDUCT

AUTHORITY: Federal Personnel Manual, Chapter 735 paragraph 1-50.

SOURCE: 40 FR 32116, July 31, 1975, unless otherwise noted.

Subpart A-General

Subpart A-General

Sec. 1100.1 Reference. 1100.2 Purpose. 1100.3 Definitions. 1100.4 Policy. 1100.5 Information to employees.

Subpart B-Conduct and Responsibilities 1100.6 Proscribed actions. 1100.7 Responsibilities. 1100.8 Rules of conduct. 1100.9 Conflict of interest. 1100.10 Outside employment. 1100.11 Indebtedness. 1100.12 Gifts, entertainment, and favors. 1100.13 Financial interests. 1100.14 Misuse of information. 1100.15. Support of Section programs. 1100.16 Disagreements between govern

mental officials. 1100.17 Use of government property. 1100.18 Gambling, betting, and lotteries. 1100.19 Coercion. 1100.20. General conduct prejudicial to the

government. 1100.21 Miscellaneous statutory provisions.

Subpart C-Statements of Employment

and Financial Interests

81100.1 Reference.

(a) Executive Order 11222.2

(b) Federal Personnel Manual, Chapter 735, Employee Responsibilities and Conduct. 81100.2 Purpose.

The maintenance of unusually high standards of honesty, integrity, and conduct by employees and special Government employees is essential to assure the proper performance of the Section's business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of employes and special Government employees through informed judgement is indispensable to the maintenance of these standards. To accord with these concepts, the order sets forth the section's regulations prescribing standards of conduct and responsibilities and governing statements of employment and financial interests for employees and special Government employees. g 1100.3 Definitions.

In this order, the following terms mean:

(a) Employee. An officer and an employee of the United States Section of the International Boundary and Water Commission, United States and Mexico, but does not include a special Gorernment employee.

(b) Person. An individual, a corpora. tion, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(c) Section. United States Section of the International Boundary and Water Commission, United States and Mexico.

(d) Special government employee. A special Government employee as defined by section 202 of title 18 of the United States Code who is employed by the Section.

1100.22 Employees required to submit state

ments. 1100.23 Review of position descriptions. 1100.24 Manner of submission-statements

of employment and financial interests. 1100.25 Excusable delay. 1100.26 Special government employees. 1100.27 Exceptions to specific appointees. 1100.28 Supplementary statement. 1100.29' Interests of employee's relatives. 1100.30 Information not required to be sub

mitted. 1100.31 Information not known to employ

ees. 1100.32 Confidentiality of employee's state

ments. 1100.33 Effect of employee's statements on

other requirements. APPENDIX A-EXECUTIVE ORDER 1 APPENDIX B-HOUSE CONCURRENT RESOLUTION

175, 85TH CONGRESS 2D SESSION APPENDIX C—DIGEST OF CONFLICT OF INTER

EST LAWS APPENDIX D/ETHICAL STANDARDS OF CON

DUCT

1 Appendices A through D filed as part of the original document.

230 FR 6469, 3 CFR, 1964-65 Comp., p. 306.

« ForrigeFortsett »