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5 U.S.C. 301; 31 U.S.C. 3716 and 3717; 42 U.S.C. 7384d, 7384t, 7384u and 7385s-10; Executive Order 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321; Secretary of Labor's Order No. 10-2009, 74 FR 58834.
71 FR 78534, Dec. 29, 2006, unless otherwise noted.
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Before seeking to recover an overpayment or adjust benefits, OWCP will advise the recipient of the overpayment in writing that:
(a) The overpayment exists, and the amount of overpayment;
(b) A preliminary finding shows either that the recipient was or was not at fault in the creation of the overpayment;
(c) He or she has the right to inspect and copy OWCP records relating to the overpayment; and
(d) He or she has the right to present written evidence which challenges the fact or amount of the overpayment, and/or challenges the preliminary finding that he or she was at fault in the creation of the overpayment. He or she may also request that recovery of the overpayment be waived. Any submission of evidence or request that recovery of the overpayment be waived must be presented to OWCP within 30 days of the date of the written notice of overpayment.