Title 29--LABOR
Chapter


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.79] [Page 250] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart D--Salary Offset Sec. 20.79 Examination of records relating to the claim; opportunity for full explanation of the claim. Following receipt of the notice specified in Sec. 20.78(b), the debtor may request to examine and copy agency records pertaining to the debt. ...


agreeable to the agency head (or designee) and is in a written form signed by such debtor and the creditor agency. The head of the agency (or designee) may deem a...


or amount of the debt, or the repayment schedule proposed by the agency, and except as provided in Sec. 20.75(c), review by an administrative law judge is to be...


by salary offset. Generally, paying agencies should comply with requests from other agencies to initiate salary offset to collect debts owed to the United States,...


initiate the requested offset until it has been provided by the creditor organization with an appropriate written certification as described in Sec. 20.82(b). Where the...


should be collected in full in one lump sum. This is true whether the debt is being collected by salary offset or by another method, including voluntary payment. However, if...


been provided his/her rights under 5 U.S.C. 5514, that a determination has been made that collection by salary offset would be in the best interests of the United States,...


of any rights which the 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...


owing to the United States (unless refund is expressly prohibited by statute or regulation); or (2) The employee's paying agency is directed by an administrative or...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.88] [Page 253] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart D--Salary Offset Sec. 20.88 Additional administrative collection action. Nothing contained in this subpart is intended to preclude the utilization of any other administrative remedy which may be available. ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.89] [Page 253] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart D--Salary Offset Sec. 20.89 Prior provision of rights with respect to debt. To the extent that the rights of the debtor in relation to the same debt have been previously provided by the creditor agency under some other statutory or regulatory authority, the creditor agency is not required to duplicate those efforts before taking salary offset. ...


Department of Labor agencies and officials in carrying out this subpart, including the issuance of guidelines and instructions, which he or she may deem appropriate. The...


U.S.C. 3720A. This statute together with implementing regulations of the Internal Revenue Service (IRS) at 26 CFR 301.6402-6, authorizes the IRS to reduce a tax refund by...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.102] [Page 253] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart E--Federal Income Tax Refund Offset Sec. 20.102 Redelegation of authority. Authority delegated by statute or IRS regulation to the Secretary or Department is redelegated to the heads of the Department's constituent agencies. This authority may be further redelegated as necessary to ensure the efficient implementation of these regulations. ...


3720A. (b) Past-due legally enforceable debt is a delinquent debt administratively determined to be valid, whereon no more than 10 years have lapsed since the date...


by offset from any overpayment of income tax that may otherwise be due to be refunded to the taxpayer. (b) Prior to actual referral of a past-due legally...


for individual debts and business debts, as set forth in the memorandum of understanding. The amount referred may include the principal portion of the debt, as well...


participation in the program, and the costs and benefits of pursuing alternative remedies when the tax refund offset program is readily available. To the extent...


inform the debtor of the consequences of failure to repay claims. In accordance with guidelines as may be established by the Department's Chief Financial Officer, a total...


the notification required by Sec. 20.107(b) and notify the debtor of the result. If appropriate, the debtor will also be advised where and to whom to request a review of...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.109] [Page 255] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart E--Federal Income Tax Refund Offset Sec. 20.109 Prior provision of rights with respect to debt. To the extent that the rights of the debtor in relation to the same debt have been previously provided under some other statutory or regulatory authority, the Department is not required to duplicate those efforts before referring a debt for tax refund offset. ...


on past-due legally enforceable debts: (1) Whether the debtor is an individual or a business entity; (2) Name and taxpayer identification number (SSN or EIN)...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR20.111] [Page 255] TITLE 29--LABOR PART 20--FEDERAL CLAIMS COLLECTION--Table of Contents Subpart E--Federal Income Tax Refund Offset Sec. 20.111 Administrative cost charges. Costs incurred by the Department in connection with referral of debts for tax refund offset will be added to the debt and thus increase the amount of the offset. ...


U.S.C. 3809 of the statute requires each authority head to promulgate regulations necessary to implement the provisions of the statute. (b) Purpose. This part...


Department of Labor. (c) Authority head means the Secretary of Labor or his or her designee. (d) Benefit means, in the context of statement, anything of...


or fraudulent; (ii) Includes or is supported by any written statement which asserts a material fact which is false, fictitious, or fraudulent; (iii) Includes...


it is addressed of the authority under which the subpoena is issued and shall identify the records or documents sought; (2) The investigating official may designate a person...


Sec. 22.3 of this part, the reviewing official shall transmit to the Attorney General a written notice of the reviewing official's intention to issue a complaint under...


in 31 U.S.C. 3803(b)(1), and (2) In the case of allegations of liability under Sec. 22.3(a) with respect to a claim, the reviewing official determines that, with...


Sec. 22.8. (b) The complaint shall state-- (1) The allegations of liability against the defendant, including the statutory basis for liability, an...


receipt. [[Page 260]] (b) Proof of service, stating the name and address of the person on whom the complaint was served, and the manner and date of service,...


the answer, the defendant-- (1) Shall admit or deny each of the allegations of liability made in the complaint; (2) Shall state any defense on which the defendant intends...


referral of the complaint, the ALJ shall promptly serve on defendant in the manner prescribed in Sec. 22.8, a notice that an initial decision will be issued under this...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR22.11] [Page 261] TITLE 29--LABOR PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 22.11 Referral of complaint and answer to the ALJ. Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ. ...


a copy of such notice to the representative for the Government. (b) Such notice shall include-- (1) The tentative time and place, and the nature of the hearing; ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR22.13] [Page 261] TITLE 29--LABOR PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 22.13 Parties to the hearing. (a) The parties to the hearing shall be the defendant and the authority. (b) Pursuant to 31 U.S.C. 3730(c)(5), a private plaintiff under the False Claims Act may participate in these proceedings to the extent authorized by the provisions of that Act. ...


such case or a factually related case-- (1) Participate in the hearing as the ALJ; (2) Participate or advise in the initial decision or the review of the...


This provision does not prohibit a person or party from inquiring about the status of a case or asking routine questions concerning administrative functions...


a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit alleging personal bias or other reason for disqualification. [[Page...


(c) Conduct discovery; (d) Agree to stipulations of fact or law, which shall be made part of the record; (e) Present evidence relevant to the issues at the hearing; ...


Set and change the date, time, and place of the hearing upon reasonable notice to the parties; (2) Continue or recess the hearing in whole or in part for a reasonable period...


advance of the hearing. (c) The ALJ may use prehearing conferences to discuss the following: (1) Simplification of the issues; (2) The necessity or desirability...


out in the complaint and upon which the findings and conclusions of the investigating official under Sec. 22.4(b) are based, unless such documents are subject to a...


or of the truth of any relevant fact; (3) Written interrogatories; and (4) Depositions. (b) For the purpose of this section and Secs. 22.22 and 22.23,...


proposed witnesses, and copies of proposed hearing exhibits, including copies of any written statements that the party intends to offer in lieu of live testimony in...


and testimony of an individual may also require the individual to produce documents at the hearing. (c) A party seeking a subpoena shall file a written request...


limit the availability or disclosure of evidence. (b) In issuing a protective order, the ALJ may make any order which justice requires to protect a party or person...


check for witness fees and mileage shall accompany the subpoena when served, except that when a subpoena is issued on behalf of the authority, a check for witness fees and...


forth the title of the action, the case number assigned by the ALJ, and a designation of the paper (e.g., motion to quash subpoena). (3) Every pleading and paper shall...


unless it is a Saturday, Sunday, or legal holiday observed by the Federal government, in which event it includes the next business day. (b) When the period of time...


served on all other parties. (b) Except for motions made during a prehearing conference or at the hearing, all motions shall be in writing. The ALJ may require that...


defend an action; or (3) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing. (b) Any such sanction, including...


of any such civil penalty or assessment considering any aggravating or mitigating factors. (b) The authority shall prove defendant's liability and...


mitigate or aggravate the violation and should articulate in their opinions the reasons that support the penalties and assessments they impose. Because of the intangible...


in which the claim or statement in issue was made; or (3) In such other place as may be agreed upon by the defendant and the ALJ. (b) Each party shall have...


be admitted in the form of a written statement or deposition. Any such written statement must be provided to all other parties along with the last known address of...


of Evidence where appropriate, e.g., to exclude unreliable evidence. (c) The ALJ shall exclude irrelevant and immaterial evidence. (d) Although relevant,...


testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed in the proceeding constitute the record for the decision by the ALJ and...


from the date the parties receive the transcript of the hearing or, if applicable, the stipulated record. Such briefs may be accompanied by proposed findings of fact...


(b) The findings of fact shall include a finding on each of the following issues: (1) Whether the claims or statements identified in the complaint, or any...


If service was made by mail, receipt will be presumed to be five days from the date of mailing in the absence of contrary proof. (b) Every such motion must set forth...


by filing a notice of appeal with the authority head in accordance with this section. (b)(1) A notice of appeal may be filed at any time within 30 days after...


the administrative process described in this part with respect to a claim or statement may adversely affect any pending or potential criminal or civil action related...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR22.41] [Page 270] TITLE 29--LABOR PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 22.41 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the authority head. (b) No administrative stay is available following a final decision of the authority head. ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR22.42] [Page 270] TITLE 29--LABOR PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 22.42 Judicial review. Section 3805 of title 31 U.S.C., authorizes judicial review by an appropriate United States District Court of a final decision of the authority head imposing penalties or assessments under this part and specifies the procedures for such review. ...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR22.43] [Page 270] TITLE 29--LABOR PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 22.43 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31 U.S.C., authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. ...


settlement under Sec. 22.46, may be collected by administrative offset under 31 U.S.C. 3716, except that an administrative offset may not be made under this subsection...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR22.45] [Page 270] TITLE 29--LABOR PART 22--PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986--Table of Contents Sec. 22.45 Deposit in Treasury of United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g) . ...


time after the date on which the reviewing official is permitted to issue a complaint and before the date on which the ALJ issues an initial decision. (c) The authority...


made. (b) If the defendant fails to file a timely answer, service of a notice under Sec. 22.10(b) shall be deemed a notice of hearing for purposes of this section. ...


to the following Federal statutes: Safe Drinking Water Act, 42 U.S.C. 300j-9(i); Water Pollution Control Act, 33 U.S.C. 1367; Toxic Substances Control Act, 15 U.S.C....


Act of 1954 (AEA), 42 U.S.C. 2011 et seq., may discharge any employee or otherwise discriminate against any employee with respect to the employee's compensation,...


in Sec. 24.1(a) may file, or have another person file on his or her behalf, a complaint alleging such discrimination. (b) Time of filing. (1) Except as provided...


office of the Federal agency charged with the administration of the affected program of its filing. (b) The Assistant Secretary shall, on a priority basis,...


procedures applicable only to investigations under the Energy Reorganization Act. (b)(1) A complaint of alleged violation shall be dismissed unless the complainant...


request for hearing, notify the parties by certified mail, directed to the last known address of the parties, of a day, time and place for hearing. All parties shall be given...


recommended decision within 20 days after the termination of the proceeding at which evidence was submitted. The recommended decision shall contain appropriate...


judge shall file a petition for review with the Administrative Review Board (``the Board''), which has been delegated the authority to act for the Secretary and...


her employer (or the employer's agent), deliberately causes a violation of any requirement of a Federal statute listed in Sec. 24.1(a). [[Page 278]] Appendix A...


10988. Any arbitrators so nominated will be available for either or both of the following purposes: (a) To investigate the facts and issue an advisory decision with...


in the Order; (c) Recognition means recognition which is or may be accorded to an employee organization pursuant to the provisions of the Order; (d) Secretary means...


cannot more appropriately be resolved through regular agency procedures. Parties, therefore, are expected to eliminate from their requests matters not necessary to...


\1\ Requests should be on forms which will be supplied by the Secretary...


may be necessary to determine his authority under the Order and these procedures; whether a timely request for nomination has been made; whether a valid question...


after which the designated period of time begins to run, is not to be included. The last day of the period so computed is to be included, unless it...


be borne entirely by the agency. (b) The standard fee for the services of an arbitrator should be $100 per day. Travel and per diem should be paid at the maximum...


[Code of Federal Regulations] [Title 29, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR25.8] [Page 282] TITLE 29--LABOR PART 25--RULES FOR THE NOMINATION OF ARBITRATORS UNDER SECTION 11 OF EXECUTIVE ORDER 10988--Table of Contents Sec. 25.8 Construction of rules. The rules shall be liberally construed to effectuate the purposes and provisions of the order. ...


labor standards necessary to safeguard the welfare of apprentices, to extend the application of such standards by encouraging the inclusion thereof in contracts of apprenticeship,...


by him. (c) Bureau shall mean the Bureau of Apprenticeship and Training, Employment and Training Administration. (d) Administrator shall mean the Administrator of...


published by the Secretary of Labor in this part. For a program to be determined by the Secretary of Labor as being in conformity with these published standards the...


practical way through a structured, systematic program of on-the-job supervised training. (b) It is clearly identified and commonly recognized throughout an industry. ...


(a) The program is an organized, written plan embodying the terms and conditions of employment, training, and supervision of one or more apprentices in the apprenticeable...


sponsor or employer), and the signature of a parent or guardian if the apprentice is a minor. (b) The date of birth of apprentice. (c) Name and address of the...


upon reasonable cause, by the Bureau instituting formal deregistration proceedings in accordance with the provisions of this part. (a) Request by sponsor. The...


is operating in accordance with this part. Such evidence shall be presented to the Administrator, BAT, if the sponsor had not requested a hearing, or to the Secretary, if...


by registered mail, return receipt requested, to the [[Page 289]] appropriate sponsor. Such notice shall include: (1) A reasonable time and place...


employers and employees establishing higher apprenticeship standards; or (b) Any special provision for veterans, minority persons or females in the standards,...


in accordance with applicable provisions in 29 CFR part 30, as amended, or applicable provisions of a State Plan for Equal Employment Opportunity in Apprenticeship...


conforms with the Secretary's published standards and the program is, therefore, eligible for those Federal purposes which require such a determination by the Secretary....


withdrawn for the failure to fulfill, or operate in conformity with, the requirements of this part. Derecognition proceedings for reasonable cause shall be instituted in...


programs registered with recognized state apprenticeship agencies. These policies and procedures apply to the recruitment and selection of apprentices, and to...


such person or organization or with some other person or organization. (c) Apprenticeship program means a program registered by the Department and evidenced by a Certificate...




PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com
SiteMap  | Employee Leasing  | Exploring the Possibilities  | What is Employee Leasing  | Why use a Peo  | Free Advice  | Benefits to  Employees  |  Responsibilities of PEO  | Benefit Package  | HR Management  | Pre-Employment Screening  | The Issue of Control  |  Future of PEO |  Request For Proposal (RFP)  | Contact Us  | Peo Resources |  Terms of Service | FAQ