In the Matter of the Petition by

ARMAN DOLORITO
2140 N. Hollywood Way

at

Burbank, CA 91505-9998

P.S. Docket No. DCA 02-270

APPEARANCE FOR PETITIONER:
Edward Thompson
10619 Swinton Avenue
Granada Hills, CA  91344-6908

APPEARANCE FOR RESPONDENT:
Teresa L. Fleming
Labor Relations Specialist
United States Postal Service
28201 Franklin Parkway
Santa Clarita, CA  91383-9403

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

            Respondent has filed a request that this Petition be dismissed as untimely.  Petitioner, Arman Dolorito, was given an opportunity to respond to the request and has not done so.  The following facts are found for purposes of deciding this request to dismiss.

FINDINGS OF FACT

            1.  Petitioner was a supervisor in the Downtown Station of the Burbank, California Post Office and was the custodian of the unit reserve.  Petitioner participated in a count of the unit reserve on August 3, 1998, which disclosed a
shortage of $4,473.87.  (PS Form 3294, Cash and Stamp Stock Count and Summary, dated August 3, 1998).

            2.  On August 20, 1998, Respondent issued Petitioner a letter demanding that he repay the $4,473.87 (Letter dated August 20, 1998, to Petitioner; Petition ¶1).

            3.  Petitioner filed a claim for loss, asking Respondent to relieve his station of the loss.  The request was denied.  (Notice of Involuntary Administrative Salary Offsets dated November 23, 1998; Petition ¶3).

            4.  On November 23, 1998, Respondent issued Petitioner a Notice of Involuntary Administrative Salary Offsets stating Respondent’s intention to collect $4,473.87 by involuntary deductions from his salary.  Petitioner received the Notice in late November 1998.  (Notice of Involuntary Administrative Salary Offsets dated November 23, 1998; Petition ¶5).

            5.  Included with the Notice of Involuntary Administrative Salary Offsets were a Statement of Debtor’s Rights and Responsibilities and a copy of the Rules of Practice applicable to petitions under the Debt Collection Act (Notice of Involuntary Administrative Salary Offsets dated November 23, 1998).

            6.  The Statement of Debtor’s Rights and Responsibilities advised Petitioner of his right to request a hearing on the Postal Service’s determination of the existence or amount of the debt or on the proposed involuntary offset schedule.  The statement advised Petitioner that any such request must be filed on or before the fifteenth calendar day following his receipt of the Notice of Involuntary Administrative Salary Offsets.  (Statement of Debtor’s Rights and Responsibilities, ¶5).

            7.  Petitioner’s Petition was mailed on May 21, 2002, and docketed by the Recorder on May 22, 2002.

DECISION

            The Debt Collection Act and Respondent’s Rules of Practice implementing the Act require that a petition for hearing under the Debt Collection Act be filed not later than the fifteenth calendar day following the employee’s receipt of a Notice of Involuntary Administrative Salary Offsets (39 C.F.R. §961.4(a)).  Petitioner was advised of this requirement in November 1998 (Findings 4-6) but failed to file his Petition until May 2002 (Finding 7).

            It may be determined that an employee has waived his right to a hearing if he files his petition beyond the 15-day period allowed by the Debt Collection Act and Postal Service regulations and fails to demonstrate good cause for the delay (See 39 C.F.R. §961.10(a)).  By Order dated June 25, 2002, and received by Petitioner’s representative on June 27, 2002, Petitioner was provided an opportunity to explain any reasons for the delay in filing his Petition, but he failed to file any response at all.  Accordingly, Petitioner has waived his right to a hearing, and Respondent may implement the offset according to the schedule set out in the November 23, 1998 Notice of Involuntary Administrative Salary Offsets.

                                                                        Norman D. Menegat
                                                                        Administrative Judge