openregs: cfr_sections: 23 rows where part_number = 92 and title_number = 49 sorted by section

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23 rows where part_number = 92 and title_number = 49 sorted by section_id

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section_id ▼	title_number	title_name	chapter	part_number	part_name	section_heading	agency	amendment_citations	full_text
49:49:1.0.1.1.37.0.43.1	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.1 Purpose.	DOT		This part implements 5 U.S.C. 5514 (Installment Deduction for Indebtedness to the United States), as amended by the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749, 1751). It supplements 5 CFR part 550, subpart K, and the Federal Claims Collections Standards (4 CFR parts 101-105) issued jointly by the Comptroller General of the United States and the Attorney General of the United States under 31 U.S.C. 3711(e)(2). It sets forth the procedures by which the Department of Transportation (DOT), including its operating elements (see 49 CFR 1.3): (a) Collects debts owed to the United States by current and former DOT employees; (b) Determines and collects interest and other charges on that indebtedness. (c) Offsets the salary of DOT employees to collect debts owed to the United States by those employees; and, (d) Obtains salary offset to collect debts owed to the United States by employees of other agencies under programs administered by DOT.
49:49:1.0.1.1.37.0.43.10	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.19 Obtaining the services of a hearing official.	DOT		(a) Where a DOT operating element is the creditor agency, the chief of the appropriate accounting or finance office shall schedule a hearing before an administrative law judge or other hearing official. (b) If another (non-DOT) agency is the creditor agency, then it is the responsibility of that agency to arrange for a hearing if one is requested. (c) Agents for the paying agency are designated in appendix A to 5 CFR part 581. (This appendix lists the agents designated to accept legal process for the executive branch, the U.S. Postal Service, the Postal Rate Commission, the District of Columbia, American Samoa, Guam, the Virgin Islands, and the Smithsonian Institution.)
49:49:1.0.1.1.37.0.43.11	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.21 Deduction from pay.	DOT		(a) After other, less severe collection actions have failed, the DOT operating element (see § 92.5(g)) may implement steps to obtain collection by salary offset. The method and the amount of the salary offset shall be the method and amount stated in the creditor agency's demand letter (see § 92.11) or notice (see § 92.7), or, if applicable, in the decision of an administrative law judge or other hearing official after an employee-requested hearing on the matter. If a DOT operating element is the creditor, the procedures stated in § 92.11 shall be followed. (b) Before a collection by salary offset may be made, the chief of the accounting or finance office of the paying DOT operating element shall be furnished with certified documentation by the creditor agency indicating that the creditor agency has sent the employee a demand letter pursuant to § 92.11 of this part stating as a minimum: (1) The nature and amount of the indebtedness and the intention of the agency to initiate, at the expiration of thirty days, a proceeding to collect the debt by salary offset; and an explanation of the rights of the employee under this subsection; (2) That the employee has the opportunity to inspect and copy Government records relating to the debt; (3) That the employee has an opportunity to enter into a written agreement with the agency to establish a schedule for the repayment of the debt; (4) That the employee has an opportunity for a hearing on the determination of the agency concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement as described in paragraph (b)(3) of this section concerning the terms of the repayment schedule; and (5) That the creditor agency's regulations implementing 5 U.S.C. 5514 have been approved by OPM (see 5 CFR 550.1108(a)). (c) Where a hearing has been held, a copy of the decision of the administrative law judge or other hearing official must be furnished to the chief of the accounting or financ…
49:49:1.0.1.1.37.0.43.12	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.23 Collection.	DOT		(a) A debt shall be collected in a lump sum or by installment deductions at officially established pay intervals from an employee's current pay account, unless the employee and the DOT operating element agree to alternative arrangements for payment (see § 92.11(b)(9) describing such voluntary repayment arrangements). The alternative arrangement shall be in writing, signed by both the employee and the chief of the appropriate accounting or finance office, and shall be documented in the DOT operating element's files. (b) Under 31 U.S.C. 3716 and 4 CFR 102.3(b)(3), agencies may not initiate offset to collect a debt more than 10 years after the Government's right to collect the debt accrued, unless facts material to the Government's rights to collect the debt were not known by the DOT operating element's official or officials charged with the responsibility to discover and collect the debt.
49:49:1.0.1.1.37.0.43.13	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.25 Source of deductions.	DOT		Except as provided in § 92.31 and § 92.33 of this part (with respect to separated employees), the paying DOT operating element will make deductions only from disposable pay (see § 92.5(f)).
49:49:1.0.1.1.37.0.43.14	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.27 Duration of deductions.	DOT		Debts shall be collected in one lump sum where possible. However, if the employee is financially unable to pay in one lump sum or the amount of the debt exceeds 15 percent of disposable pay payable in one pay period, collection will be made in installments. Such installment deductions will be made over a period not greater than the anticipated period of employment or active duty, as the case may be, except as provided in §§ 92.29, 92.31, and 92.33 of this part.
49:49:1.0.1.1.37.0.43.15	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.29 Limitation on amount of deductions.	DOT		The size and frequency of installment deductions shall bear a reasonable relation to the size of the debt and the employee's ability to pay. However, the amount deducted for any period may not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee has agreed in writing to the deduction of a greater amount.
49:49:1.0.1.1.37.0.43.16	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.31 Liquidation from final payment.	DOT		If the employee retires, resigns his or her employment, is terminated, or the employment or period of active duty ends before collection of the debt is completed, there shall be an offset from subsequent payments of any nature (e.g., final salary, lump sum leave, etc.) due the employee from the DOT operating element on the date of separation to the extent necessary to liquidate the debt.
49:49:1.0.1.1.37.0.43.17	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.33 Recovery from other payments due a separated employee.	DOT		If the debt cannot be liquidated by offset from any final payment due the employee as of the date of separation, the DOT operating element shall liquidate the debt by administrative offset pursuant to 31 U.S.C. 3716 from later payments of any kind due the former employee from the United States, where appropriate (see § 92.41(b)(2)(ii)).
49:49:1.0.1.1.37.0.43.18	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.35 Interest, penalties and administrative costs.	DOT		(a) Where a DOT creditor operating element (see § 92.5(g)) is the creditor, it shall charge interest on an outstanding debt at the rate published by the Secretary of the Treasury in accordance with 31 U.S.C. 3717. The rate of interest assessed shall be the rate of the current value of funds to the United States Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Financial Manual Bulletins annually or quarterly, in accordance with 31 U.S.C. 3717. The DOT creditor operating element shall charge a penalty of six percent a year, in addition to interest, on any portion of a debt that is more than 90 days past due. It shall assess administrative charges to cover additional costs incurred in processing and handling the debt beyond the payment due date. The imposition of interest, penalties and administrative charges is made in accordance with 31 U.S.C. 3717 and 4 CFR 102.13. (b) Interest on debt shall begin to accrue on the date on which the debtor is first sent or delivered notice of the debt and of the interest requirements or, in the case of advance billings, on the calendar date following the specified due date of the debt provided the advance billing gives notice of the interest requirements for late payment. Interest on the debt shall continue to accrue until payment is received. Interest shall be calculated only on the principal of the debt (simple interest). The rate of interest charged shall be the rate in effect on the date from which interest begins to accrue, and shall remain fixed for the duration of the indebtedness. (c) A DOT creditor operating element shall waive the monthly interest on debt that is paid within 30 calendar days after the date on which interest began to accrue. (d) A DOT creditor operating element may waive interest, penalties and/or administrative charges if it finds that: (1) The debtor is unable to pay any significant sum toward the claim within a reasonable period of time; …
49:49:1.0.1.1.37.0.43.19	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.37 Non-waiver of rights by payment.	DOT		An employee's payment or agreement to pay, whether voluntary or involuntary, of all or any portion of an alleged debt being collected pursuant to these procedures shall not be construed as a waiver of any rights which the employee may have under this part to the extent of such payment or agreement.
49:49:1.0.1.1.37.0.43.2	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.3 Scope.	DOT		The provisions of this part are applicable to the indebtedness of a current or former employee of DOT incurred under any program administered by DOT. The provisions of this part do not apply to the collection of indebtedness by authority other than 5 U.S.C. 5514.
49:49:1.0.1.1.37.0.43.20	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.39 Refunds.	DOT		(a) Amounts paid or deducted from the account of a current or former employee of the United States Government, pursuant to this part, for a debt which is found not owing to the United States shall be promptly refunded to the employee. (b) Amounts which are waived shall, after proper application, be promptly returned after approval of the application.
49:49:1.0.1.1.37.0.43.21	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.41 Requesting recovery when the Department is not the paying agency.	DOT		(a) Format of the request for recovery. (1) Where the DOT operating element is the creditor agency and another agency is the paying agency, the chief of the accounting of finance office of the appropriate DOT operating element (see § 92.5(g)) shall complete and certify the “Debt Claim Form” (see Attachment 1), and attach a copy of the demand letter sent to the employee pursuant to § 92.11 with a statement of the employee's response thereto, or, if a hearing was held pursuant to § 92.13, attach a copy of the decision of the administrative law judge or other hearing official. The DOT creditor operating element shall certify 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 the Departmental regulations implementing 5 U.S.C. 5514 have been approved by the Office of Personnel Management. (2) If the collection is to be made in voluntary or involuntary installments (see Attachment 1), the DOT creditor operating element shall also advise the paying agency of the amount of the installments and, if a date for the beginning of payments other than the next officially established pay period is required, the date of the first installment. (3) Unless the employee has voluntarily agreed to the salary offset in writing or, in the absence of such agreement, has signed a statement acknowledging receipt of the procedures required by 5 U.S.C. 5514(a)(2) and the writing or statement is attached to the debt claim form, the DOT creditor operating element shall also indicate the action(s) taken under 5 U.S.C. 5514 and give the date(s) the action(s) were taken. (b) Submitting the request for recovery —(1) Current employees. The DOT creditor operating element shall submit the “Debt Claim Form” (Attachment 1) to the employee's paying agency. (2) Employees who are separating or have separated —(i) Employees who are in the process of separating. If the employee is in the process of separating, the DOT creditor o…
49:49:1.0.1.1.37.0.43.22	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.43 Requests for recovery when the Department is the paying agency.	DOT		(a) Incomplete request for recovery. If the request for recovery received by the chief of the accounting or finance office of the appropriate DOT operating element is incomplete in any respect (see § 92.21(b)) including, but not limited to, the failure to certify in writing that the employee owes the debt, the amount and basis of the debt, the date on which payment(s) is due, the date the creditor agency's right to collect the debt first accrued, and that the creditor agency's regulations implementing 5 U.S.C. 5514 were approved by OPM, the request shall be returned to the creditor agency with a statement of the deficiency. No action to implement salary offset may be initiated until a complete request has been received. (b) Complete request for recovery. If a complete request for recovery is received by the chief of the accounting or finance office of the appropriate DOT operating element, a copy of the request and any supporting documentation shall be transmitted to the appropriate payroll office, and deductions shall be scheduled to begin at the next officially established pay interval. A copy of the request and any supporting documentation shall be provided to the debtor, along with a notice of the date deductions will begin. (c) The DOT operating element may not review the merits of the creditor agency's determination with respect to the amount or validity of the debt as stated in the request for recovery.
49:49:1.0.1.1.37.0.43.23	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.45 Other debt collections.	DOT		Separate rules exist for general collection of debts owed the United States under 31 U.S.C. 3711, 3716-18; 4 CFR Ch. II.
49:49:1.0.1.1.37.0.43.3	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.5 Definitions.	DOT		As used in this part: (a) Agency means an Executive Agency as defined by section 105 of title 5, United States Code, the U.S. Postal Service, the U.S. Postal Rate Commission, a Military Department as defined by section 102 of title 5, United States Code, an agency or court in the judicial branch, an agency of the legislative branch, and any other independent establishments which are entities of the Federal Government. In DOT each operating element will act for the agency in collecting debts under this rule. (b) Creditor agency means the agency to which the debt is owed. (c) Debt means an amount owed to the United States from sources which include, but are not necessarily limited to, erronerous payments made to employees, overpayments of benefits, salary or other allowances, loans insured or guaranteed by the United States and all other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayments, penalties, damages, interest, fines and forfeitures (except those arising under the Uniform Code of Military Justice) and all other similar sources. This term does not include a Government claim arising under the Internal Revenue Code of 1954 (26 U.S.C. 1-9602) as amended; the Social Security Act (42 U.S.C. 301-1397f); the tariff laws of the United States; or any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute (e.g., emergency and travel advances under 5 U.S.C. 5522, 5705 or 5724 and employee training expenses under 5 U.S.C. 4108). (d) Debt Claim Form means the form used by DOT when requesting that an agency, other than DOT, assist in the recovery of funds. (e) Delinquent debt means a debt which has not been paid by the date specified in the agency's initial written notification or applicable contractual agreement, unless other satisfactory payment arrangements have been made by that date, or if, at any time thereafter, the debtor fails to satisfy obligations under a payment agreeme…
49:49:1.0.1.1.37.0.43.4	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.7 Notice, hearing, written response and decision.	DOT		(a) Except as provided in § 92.9 of this part, each employee from whom the department proposes to offset a debt against the Federal pay of an employee who is indebted to the United States under a program administrated by DOT under these regulations is entitled to receive a minimum of 30 days written notice as described in § 92.11 of this part (see also § 92.21(a)). (b) Each employee owing a debt to the United States which will be collected by salary offset is entitled to petition for a hearing before collection starts. This petition shall be filed directly with the accounting or finance office of the DOT creditor operating element which shall make appropriate hearing arrangements consistent with law and regulations. The DOT creditor operating element shall provide an explanation of the rights of the employee. If a hearing is provided, the following issues shall be heard: (1) The determination of the DOT creditor operating element concerning the existence and amount of the debt; and (2) The terms of the repayment schedule, if not previously established by written agreement between the employee and the DOT creditor operating element. (See § 92.21(c) regarding copy of written decision by hearing officer describing method and amount of salary offset).
49:49:1.0.1.1.37.0.43.5	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.9 Exceptions to notice, hearing, written response, and final decision.	DOT	[53 FR 4171, Feb. 12, 1988, as amended at 53 FR 51279, Dec. 21, 1988]	(a) Exceptions. The procedural requirements of 5 U.S.C. 5514 do not apply to recovery by way of retroactive deductions for administrative adjustments associated with the Federal benefits program. In such cases the content of the notification to employees is stated in § 92.9(b). (b) Simplified procedures to be followed. In the event that a retroactive deduction from pay or allowances is required to recover an insufficiency of deductions arising through normal processing delays, and those insufficient deductions did not occur in more than four pay periods, rather than following the specific procedures required by 5 U.S.C. 5514(a)(2), and set forth in §§ 92.11 through 92.17 of this part, the DOT creditor operating element shall issue in advance of the collection a simplified notice to the employee that: (1) Because of the employee's election for changes in voluntary payroll deduction, corresponding deductions shall be imposed on the employee's salary to cover the period between the effective date of the election and the first regular withholding. The employee may dispute the amount of the retroactive collection by notifying his or her accounting or finance officer; or (2) Due to a normal ministerial adjustment in pay or allowances which could not be placed into effect immediately, future pay will be reduced to permit the DOT creditor operating element to recover any excess pay or allowances received by the employee. The employee may dispute the amount of the retroactive collection by notifying his or her accounting or finance officer. (c) Limitation on exceptions. The exceptions described in paragraph (a) of this section shall not include a recovery required to be made for any reason other than routine processing delays in putting the change into effect, even if the period of time for which the amounts must be retroactively recovered is less than four pay periods. If normal processing delays exceed four pay periods, then the full procedures prescribed under 5 U.S.C. 5514 and §§ 92.11 through 92.17 of this …
49:49:1.0.1.1.37.0.43.6	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.11 Demand for payment.	DOT		(a) The DOT creditor operating element shall send a debtor a total of three progressively stronger written demands at not more than 30-day intervals, unless a response to the first or second demand indicates that a further demand would be futile and the debtor's response does not require rebuttal (see also § 92.21(a)). Other information may also indicate that additional written demands are unnecessary. (b) The initial written demand for payment shall inform the debtor of: (1) The basis for the indebtedness; (2) The amount of the claim; (3) The date by which payment is to be made: (4) The debtor's liability for interest, penalties and administrative charges in accordance with 31 U.S.C. 3717 and § 92.35 of this part, if payment is not received within 30 days of the due date (see § 92.35 for details regarding interest, penalties and administrative costs); (5) The intent of the agency to collect by salary offset, including asking the assistance of other Federal agencies to help in the offset whenever possible, if the debtor: (i) Has not made payment by the payment due date; (ii) Has not requested a review of the claim within the agency as set out in paragraph (b)(8) of this section; or (iii) Has not made an arrangement for payment by the payment due date: (6) The possible submission of claims to a collection agency or referral to the General Accounting Office or the Department of Justice for litigation in accordance with the procedures in 4 CFR part 105. (7) The right of the debtor to inspect and copy the records of the agency related to the claim. Any reasonable costs associated with the inspection and copying of these records shall be borne by the debtor. The debtor shall give reasonable notice in advance to the agency of the date upon which he or she intends to inspect and copy the records involved. (8) The right of the debtor to a review of the claim within the agency. If the claim is disputed in full or in part, the debtor shall respond to the demand by making a request in writing for a review of the…
49:49:1.0.1.1.37.0.43.7	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.13 Request for hearing.	DOT		(a) The employee shall be advised in the notification that a hearing may be requested by filing a written petition within 15 calendar days of receipt of the notification, addressed to the chief of the paying agency's accounting or finance office. (b) The petition shall state the grounds upon which the employee disputes the proposed collection of the alleged debt. The petition shall identify and explain with reasonable specificity the facts, evidence which, and witnesses who the employee believes support his or her position. (c) The timely filing of a petition for hearing shall stay any further collection proceedings. A decision by the administrative law judge or other hearing official (see § 92.5(j)) will be issued at the earliest practical date, but no later than 60 days after the filing of a petition for hearing, unless a delay is granted at the request of the employee.
49:49:1.0.1.1.37.0.43.8	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.15 Request for hearing after time expires.	DOT		The Department may accept late requests for a hearing if the employee can show that delay in requesting a hearing beyond the period provided in the notice described in § 92.11 of this part was caused by circumstances beyond his or her control or because of failure to receive notice of the time limit (unless he or she was otherwise aware of it) or because of new information.
49:49:1.0.1.1.37.0.43.9	49	Transportation	A	92	PART 92—RECOVERING DEBTS TO THE UNITED STATES BY SALARY OFFSET	§ 92.17 Form of hearings and written decisions.	DOT		(a) Hearings shall consist of informal conferences before an administrative law judge or other hearing official (see § 92.5(j)) in which the employee and the DOT creditor operating element are given full opportunity to present evidence, witnesses, and argument. The DOT operating element will maintain a summary record of a hearing provided under these procedures. (b) Written decisions provided after a request for hearing shall, at a minimum, summarize the evidence alleged to substantiate the nature and origin of the alleged debt; the administrative law judge's or other hearing official's analysis, findings, and conclusions; the amount and validity of the alleged debt; and, where applicable, the repayment schedule. (c) A copy of the administrative law judge's or other hearing official's final decision shall be provided to the employee as well as the chief of the office authorized to collect debts by deduction from salary. (d) The decision of the administrative law judge or other hearing official shall be final and binding on the parties.

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CREATE TABLE cfr_sections (
    section_id TEXT PRIMARY KEY,
    title_number INTEGER,
    title_name TEXT,
    chapter TEXT,
    subchapter TEXT,
    part_number TEXT,
    part_name TEXT,
    subpart TEXT,
    subpart_name TEXT,
    section_number TEXT,
    section_heading TEXT,
    agency TEXT,
    authority TEXT,
    source_citation TEXT,
    amendment_citations TEXT,
    full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);