oreign Service Reility Fund or simiast provide written agency responsible yments stating the and indicating that his part have been e has already sepaents due from the › been paid, the Asor for Management s otherwise prohibpayable to the emivil Service Retireity Fund or other llected by adminise Commission will cy responsible for ith a properly cer sion is the paying iployee of this agento another Federal è creditor agency. of a properly cerrom a creditor agen11 be scheduled to stablished pay inter sion must give the notice that it has redebt claim from a (including the late that deductions to begin and the iction. ion shall not review creditor agency's deamount of the ceris validity. yee transfers to anby after the creditor tted its debt claim ot is collected comission must certify ollected to the credotice of the employcopy of this certifirnished to the emor agency will subrtified claim to the y before collection mission, as a paying an incomplete debt tor agency, it must laim with a notice der 5 U.S.C. 5514 and this subpart must be provided and a properly certified debt claim received before action will be taken to collect from the employee's current pay account. § 708.10 Procedures for salary offset. (a) Deductions to liquidate an employee's debt will be by the method and in the amount stated in the Assistant Staff Director for Management's written notice of intent to collect from the employee's current pay, unless alternative arrangements for repayment are made. (b) If the employee filed a petition for a hearing with the Assistant Staff Director for Management before the expiration of the period provided, then deductions will begin after the hearing official has provided the employee with a hearing, and a final written decision has been rendered in favor of the Commission. (c) A debt will be collected in a lumpsum if possible. (d) If an employee is financially unable to pay in one lump sum or the amount of the debt exceeds 15 percent of disposable pay for an officially established pay interval, collection must be made in installments. The size of the installment deduction(s) will bear a reasonable relationship to the size of the debt and the deduction will be established for a period not greater than the anticipated period of employment. The deduction for the pay intervals for any period must not exceed 15% of disposable pay unless the employee has agreed in writing to a deduction of a greater amount. If possible, the installment payment will be sufficient in size and frequency to liquidate the debt in no more than three years. (e) Installment payments may be less than 15 percent of disposable pay if the Assistant Staff Director for Management determines that the 15 percent deduction would create an extreme financial hardship. (f) Installment payments of less than $25.00 per pay period or $50.00 per month, will only be accepted in the most unusual circumstances. (g) Unliquidated debts may be offset by the paying agency under 31 U.S.C. 3716 against any financial payment due to a separating employee including but (a) The Commission will refund promptly any amounts deducted to satisfy debts owned to the Commission when the debt is waived, found not owed to the Commission, or when directed by an administrative or judicial order; or (b) The creditor agency will promptly return any amounts deducted and forwarded by the Commission to satisfy debts owed to the creditor agency when the debt is waived, found not owed, or when directed by an administrative or judicial order; (c) Upon receipt of monies returned in accordance with paragraph (b) of this section, the Commission will refund the amount to the current or former employee. (d) Unless required by law, refunds under this subsection shall not bear in terest nor shall liability be conferred §708.12 Statute of limitations. If a debt has been outstanding for more than 10 years after the agency's HAPTER right to collect the debt first accrued, $708.13 Non-waiver of rights by pay. ments. An employee's involuntary payment of all or any part of a debt collected under these regulations will not be construed as a waiver of any rights that employee may have under 5 U.S.C. 5514 or any other provision of contract or law unless there are statutory or contractual provisions to the contrary, $708.14 Interest, penalties, and admin istrative costs. Charges may be assessed for interest, penalties, and administrative costs in accordance with the Federal Claims Collection Standards, 4 CFR 102.13. Voting SOURCE: 30 FR 9859, Aug. 7, 1965, unless oth- imputation erwise noted. NOTE: Those amendments to appendixes A. B, and D in Part 801, which apply to Texas, appearing at 41 FR 16155, Apr. 16. 1976, are also carried in Spanish at the end of appendix D. AUTHORITY: 5 U.S.C. 1103; secs. 7, 9, 79 Stat. 440, 411 (42 U.S.C. 1973e, 1973g). Subpart A-General Provisions § 801.101 Definitions. In this part: a per part, t nt after od of time Aluded. T mputed (a) Act means the Voting Rights Act of 1965, Public Law 89-110, as amended by Public Law 94-73, August 6, 1975. (b) Applicant means a person who presents himself to an examiner at one of the times and places designated by the import OPM under §801.202 for the purpose of to being listed as eligible to vote; impo (c) Applications means the form pre-impor scribed by the OPM under the Act for lar use by a person applying for listing on an eligibility list; (d) OPM means the U.S. Office of Per sonnel Management; (e) Day means a calendar day; (f) Eligibility list means a list of eligi ble voters or supplements to a list of eligible voters, prepared by an exam iner under the Act; (g) Examiner means a person des ignated or appointed by the OPM undet the Act to examine applicants for list ing on an eligibility list and to prepare and maintain lists of persons eligible to vote in Federal, State, or local elec tions; de the Scope. (h) Hearing officer means a person authorized by the OPM to adjudicate a challenge to a listing on an eligibility list; (i) Political subdivision, vote, and voting have the meanings given these terms in the Act; and proce (j) Parties means a challenger, a challenged person, and the representatives of either. [30 FR 9059, Aug. 7, 1965, as amended at 41 FR 16155, Apr. 16, 1976] $801.102 Timely filing required. A document or other paper required to be filed within a time limit specified in this part shall be delivered to the of fice involved before the close of business on the last day of the period, or if filed by mail be postmarked before midnight of the last day of the period. ion of time. period of time pre, the day of the acer which the desme begins to run is The last day of the d is to be included turday, Sunday, or e State involved, in eriod runs until the ✓ which is neither a nor a legal holiday. enoting number and ing the singular inseveral persons, par ting the plural inand ting the masculine feminine as well. g on Eligibility List -escribes the times, ares for listing on an er the Act. nd places for filing plication. nd places designated ing an application in bdivision, and the on prescribed by the out in appendix A to porated in and made ɔn. 11 give notice to the he times and places aragraph (a) of this riate local election olitical subdivision, ney general of the tion thereof in the and by such other ers appropriate. es for filing applica may obtain an appliIce and during the pendix A for the apsubdivision. An apompleted only at the 3 obtained and shall be submitted by the applicant in person to an examiner at that place. (b) An examiner shall review the application in the presence of the applicant to insure that all questions are answered clearly and completely. If all questions are not answered clearly and completely or if an applicant is not able personally to complete the application in whole or in part because of lack of literacy or otherwise, or has difficulty in doing so, an examiner shall orally examine the applicant and record the pertinent information on the application or otherwise assist the applicant in completing the application. (c) After an application is completed, an examiner shall require the applicant to take the oath or affirmation prescribed on the application and to sign his name or make his mark thereon. $801.204 Qualifications requirements. The qualifications required for listing, prescribed by the OPM after consultation with the Attorney General, for use by an examiner in examining an applicant for listing on an eligibility list shall be set out in appendix B to this part and incorporated in and made a part of this section. § 801.205 Action on the application. At the time of filing the application and in the presence of the applicant, the examiner shall review the application and make such examination as is necessary to determine whether the applicant has the prescribed qualifications. If the applicant has the prescribed qualifications, the examiner shall give him a certificate, on the form prescribed by the OPM, evidencing his eligibility to vote and enter his name on an eligibility list, the form for which is prescribed by the OPM. If the applicant does not have the prescribed qualifications, the examiner shall give him a notice of ineligibility for listing, on the form prescribed by the OPM. § 801.206 Review of notice of ineligibility for listing. An applicant may obtain a review of a notice of ineligibility for listing by executing the request for review contained on that notice and returning it to the examiner or by filing a written |