Chavez v. USDOL, 2001-DCA-2 (ALJ Apr. 25, 2001)

U.S. Department of Labor

Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002

Date Issued: April 25, 2001

Case No.: 2001-DCA-2

IN THE MATTER OF

    GLORIA E. CHAVEZ
       Petitioner

    v.

    U.S. DEPARTMENT OF LABOR
       Respondent

   This proceeding arises under Section 5 of the Debt Collection Act of 1982 (Pub. L. 97-365), 5 U.S.C. 5514, and the implementing regulations at 29 C.F.R. § 20.74 et seq.

   By letter dated October 5, 2000, the Department of Labor (DOL) notified Petitioner that it would collect a debt owed to it by Petitioner through salary offset procedures provided under §§5514 of the Act and the Department's regulations at 29 C.F.R. 20.74 et seq. On October 20, 2000, Petitioner filed a request for a hearing. The undersigned issued a Notice of Docketing on November 14, 2000, which required the parties to exchange and submit evidence in support of their position. Petitioner filed her Prehearing Exchange with this Office on December 11, 2000. DOL requested and was granted an extension of time in which to file a responsive pleading on January 16, 2001 and a 45 day extension on March 20, 2001.

   On April 2, 2001, DOL filed a Motion to Dismiss. In support, DOL states that the notice to seek salary offset issued on October 5, 2000 was not issued in accordance with the DOL's own regulations at 29 C.F.R. § 20.78(a) and OWCP procedures as set forth in the Federal (FECA) Procedure Manual at Chapter 6-900-9. Accordingly, DOL asserts that it is not seeking recovery of the debt through salary offset at this time, and consequently moves that this proceeding be dismissed and the hearing cancelled.

   Accordingly, the Motion to Dismiss is hereby GRANTED, and the case is hereby DISMISSED.

       THOMAS M. BURKE
       Associate Chief Judge

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