Petition for a hearing and supplement to petition.
(a) A former employee who is alleged to be responsible for a debt to the Postal Service may petition for a hearing under this part, provided:
(1) Liability for the debt and/or the proposed offset schedule has not been established under Part 452.3 or Part 462.3 of the Employee & Labor Relations Manual;
(2) He or she has received a Notice from the Minneapolis Accounting Service Center (or its successor installation) informing him or her of the debt and an offset schedule to satisfy the debt and of the right to request reconsideration by the Postmaster/Installation Head; and
(3) He or she has requested and received reconsideration of the existence or amount of the alleged debt and/or the offset schedule proposed by the Postal Service.
(b) Within thirty (30) calendar days after the date of receipt of the Postmaster/Installation Head's written decision upon reconsideration, the former employee must file a written, signed petition, requesting a written or oral hearing, with the Recorder, Judicial Officer Department, United States Postal Service, 2101 Wilson Boulevard, Suite 600, Arlington, VA 22201-3078.
(c) The petition must include the following:
(1) The words, “Petition for Review Under 39 CFR Part 966 ”;
(2) The former employee's name and social security number;
(3) The former employee's home address and telephone number, and any other address and telephone number at which the former employee may be contacted about these proceedings;
(4) A statement of the date the former employee received the Postmaster/Installation Head's written decision upon reconsideration of the alleged debt, and a copy of the decision;
(5) A statement indicating whether the former employee requests an oral hearing or a decision based solely on written submissions;
(6) If the former employee requests an oral hearing, a statement describing the evidence he or she will produce which makes an oral hearing necessary, including a list of witnesses, with their addresses, whom the former employee expects to call; a summary of the testimony the witnesses are expected to present; the city requested for the hearing site, with justification for holding the hearing in that city; and at least three proposed dates for the hearing at least forty-five (45) days after the filing of the petition;
(7) A statement of the grounds upon which the former employee objects to the Postal Service's determination of the debt or to the administrative offset schedule proposed by the Postal Service for collecting any such debt. This statement should identify with reasonable specificity and brevity the facts, evidence, and legal arguments, if any, which support the former employee's position; and
(8) Copies of all records in the former employee's possession which relate to the debt and which the former employee may enter into the record of the hearing.
(d) The former employee may, if necessary, file with the Recorder additional information as a supplement to the petition at any time prior to the filing of the answer to the petition under § 966.7, or at such later time as permitted by the Hearing Official upon a showing of good cause.
[62 FR 63279, Nov. 28, 1997, as amended at 63 FR 66053, Dec. 1, 1998]
Title 39 published on 2012-07-01
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