§ 831.1304 Processing

5 CFR 831.1304(a)(a) Notice. Except as provided in § 831.1305, OPM will, before starting collection, tell the debtor in writing—

5 CFR 831.1304(a)(1)(1) The reason for and the amount of the debt;

5 CFR 831.1304(a)(2)(2) The date on which the full payment is due;

5 CFR 831.1304(a)(3)(3) OPM's policy on interest, penalties, and administrative charges;

5 CFR 831.1304(a)(4)(4) If payment in full would create financial hardship to the debtor and offset is available, the types of payment(s) to be offset, the repayment schedule, the right to request an adjustment in the repayment schedule and the right to request a voluntary repayment agreement in lieu of offset;

5 CFR 831.1304(a)(5)(5) The individual's right to inspect and/or receive a copy of the Government's records relating to the debt;

5 CFR 831.1304(a)(6)(6) The method and time period (30 calendar days) for requesting reconsideration, waiver, and/or compromise and, in the case of offset, an adjustment to the repayment schedule;

5 CFR 831.1304(a)(7)(7) The standards used by OPM for determining entitlement to waiver and compromise;

5 CFR 831.1304(a)(8)(8) The right to a hearing by the Merit Systems Protection Board on a waiver request (if OPM's waiver decision finds the individual liable) in accordance with paragraph (c)(2) of this section; and

5 CFR 831.1304(a)(9)(9) The fact that a timely filing of a request for reconsideration, waiver and/or compromise, or a later timely appeal of a waiver denial to the Merit Systems Protection Board, will stop collection proceedings, unless (i) failure to take the offset would substantially prejudice the Government's ability to collect the debt; and (ii) the time before the payment is to be made does not reasonably permit the completion of these procedures.

5 CFR 831.1304(b)(b) Requests for reconsideration, waiver, and/or compromise.

5 CFR 831.1304(b)(1)(1) If a request for reconsideration, waiver and/or compromise is returned to us by mail, it must be postmarked within 30 calendar days of the date of the notice detailed in paragraph (a) of this section. If a request for reconsideration, waiver, and/or compromise is hand delivered, it must be received within 30 calendar days of the date of the notice detailed in paragraph (a) of this section. OPM may extend the 30 day time limit for filing when individuals can prove that they: (i) Were not notified of the time limit and were not otherwise aware of it; or (ii) were prevented by circumstances beyond their control from making the request within the time limit.

5 CFR 831.1304(b)(2)(2) When a request for reconsideration, waiver, and/or compromise covered by this paragraph is properly filed before the death of the debtor, it will be processed to completion unless the relief sought is nullified by the debtor's death.

5 CFR 831.1304(b)(3)(3) Individuals requesting reconsideration, waiver, and/or compromise will be given a full opportunity to present any pertinent information and documentation supporting their position.

5 CFR 831.1304(b)(4)(4) An individual's request for waiver will be evaluated on the basis of the standards set forth in subpart N of this part. An individual's request for compromise will be evaluated on the basis of standards set forth in the FCCS (4 CFR part 103).

5 CFR 831.1304(c)(c) Reconsideration, waiver, and/or compromise decisions.

5 CFR 831.1304(c)(1)(1) OPM's decision will be based upon the individual's written submissions, evidence of record, and other pertinent available information.

5 CFR 831.1304(c)(2)(2) After consideration of all pertinent information, a written decision will be issued. The decision will state the extent of the individual's liability, and, for waiver and compromise requests, whether the debt will be waived or compromised. If the individual is determined to be liable for all or a portion of the debt, the decision will reaffirm or modify the conditions for the collection previously proposed under paragraph (a) of this section. The decision will state the individual's right to appeal to the Merit Systems Protection Board as provided by § 1201.3 of this title, and, in the case of a denial of waiver, that a timely appeal will stop collection of the debt.