---
kind: "section"
citation: "34 C.F.R. § 32.3"
title: "34"
number: "32.3"
heading: "Pre-offset notice."
url: "https://uscodex.org/cfr/34/32.3"
---

# §32.3. Pre-offset notice.


At least 30 days before initiating a deduction from the disposable pay of an employee to recover an overpayment of pay or allowances, the Secretary sends a written notice to the employee stating—

- (a) The origin, nature and amount of the overpayment;
- (b) How interest is charged and administrative costs and penalties will be assessed, unless excused under [31 U.S.C. 3716](/usc/31/3716.md);
- (c) A demand for repayment, providing for an opportunity for the employee to enter into a written repayment agreement with the Department;
- (d) Where a waiver of repayment is authorized by law, the employee's right to request a waiver;
- (e) The Department's intention to deduct 15 percent of the employee's disposable pay, or a specified amount if the disposable pay is severance pay and/or a lump sum annual leave payment, to recover the overpayment if a waiver is not granted by the Secretary and the employee fails to repay the overpayment or enter into a written repayment agreement;
- (f) The amount, frequency, approximate beginning date and duration of the intended deduction;
- (g) If Government records on which the determination of overpayment are not attached, how those records will be made available to the employee for inspection and copying;
- (h) The employee's right to request a pre-offset hearing concerning the existence or amount of the overpayment or an involuntary repayment schedule;
- (i) The applicable hearing procedures and requirements, including a statement that a timely petition for hearing will stay commencement of collection proceedings and that a final decision on the hearing will be issued not later than 60 days after the hearing petition is filed, unless a delay is requested and granted;
- (j) That any knowingly false or frivolous statements, representations or evidence may subject the employee to applicable disciplinary procedures, civil or criminal penalties; and
- (k) That where amounts paid or deducted are later waived or found not owed, unless otherwise provided by law, they will be promptly refunded to the employee.

## Notes

### Authority

Authority: 5 U.S.C. 5514; 31 U.S.C. 3716.

### Source

Source: 52 FR 24957, July 1, 1987, unless otherwise noted.