Appendix D to Part 284 - Processing a Waiver Application When the Debt Is $1,500 or Less
32:2.1.1.1.61.0.1.6.37 : Appendix D
Appendix D to Part 284 - Processing a Waiver Application When the
Debt Is $1,500 or Less A. Initial Component Processing
Upon receipt of a waiver application, the Component concerned
must:
1. Date stamp the application on the date received.
2. Determine whether the application was received within three
years after the discovery of the erroneous payment. If the
application was not timely, follow the procedures in paragraph B to
this Appendix.
3. Investigate the circumstances relating to the erroneous
payment.
4. Refer the application to the appropriate determining official
(see paragraph C to this Appendix) for consideration and an initial
determination.
B. Untimely Waiver Applications
When the Component concerned determines that a waiver
application was not received within three years after the erroneous
payment was discovered, the Component must send the applicant a
notice of untimely receipt.
1. The notice must:
i. Cite the applicable statute and explain the reasons for the
finding of untimely receipt.
ii. State that the application was not received within the
statutory time limit and may not be considered unless that finding
is reversed on appeal.
iii. Explain that the applicant may submit a rebuttal to the
finding of untimely receipt (as explained in paragraph B.2.).
iv. State that the statutory time limit may not be extended or
waived.
2. An applicant may submit a written rebuttal, signed by the
applicant or the applicant's agent or attorney, to a notice of
untimely receipt. The Component concerned must receive the rebuttal
within 30 days of the date of the notice and may grant an extension
of up to an additional 30 days for good cause shown. The rebuttal
should:
i. Explain the points of, and reasons for, disagreement with the
notice.
ii. Have any documents referred to in the rebuttal attached.
iii. Include or have attached statements (that are attested to
be true and correct to the best of the individual's knowledge and
belief) by the applicant or other persons in support of the
rebuttal.
3. If the applicant does not submit a rebuttal within the time
permitted, the notice of untimely receipt is a final action and the
Component must return the application to the applicant with a
notice that the finding is final and the application may not be
considered.
4. If the applicant submits a timely rebuttal, the Component
must consider the rebuttal.
i. If the Component finds that the application was received
within the required time limit, the Component must reverse its
finding of untimely receipt, notify the applicant in writing, and
process the application on its merits.
ii. If the Component does not reverse the finding of untimely
receipt, the Component must forward the record, including the
application, notice of untimely receipt, and rebuttal, to the
appropriate determining official (see paragraph C.1. to this
Appendix) for an initial determination on the issue of untimely
receipt. The Component does not need to investigate the merits of
the application before forwarding the record.
5. After making an initial determination on the issue of
untimely receipt, the determining official must follow the
procedures in paragraph D to this Appendix. In addition, if the
determining official finds that the application was timely, the
official may:
i. Return the application to the Component concerned for
processing on its merits according to this part, or
ii. Consider the application and make an initial determination
on its merits according to paragraph C.2. to this Appendix.
C. Initial Determinations
The standards in Appendix B to this part must be applied when
considering the merits of a waiver application. After making an
initial determination, the determining official must follow the
procedures at paragraph D to this Appendix.
1. The officials listed and referred to in this part as
determining officials shall consider waiver applications and take
the appropriate action described in paragraph C.2. to this
Appendix. These officials are identified as follows:
i. The Head of a non-DoD Component or designee for debts of
Uniformed Services personnel resulting from that Component's
activity.
ii. The Director, DoDEA or designee for debts of civilian
employees resulting from that Component's activity.
iii. The Director, NSA or designee for debts resulting from that
Component's activity.
iv. The Director, DFAS or designee for debts resulting from the
DoD Component activity not included in paragraphs C.1.ii. and
C.1.iii. to this Appendix.
2. The officials listed in paragraph C.1. to this Appendix may
make an initial determination for the following:
i. Whether or not a waiver application was received within three
years after the discovery of the erroneous payment.
ii. Deny a waiver application in its entirety.
iii. Grant all or part of a waiver application.
D. Processing After An Initial Determination
After making an initial determination, the determining official
must:
1. Notify the applicant. The notification must explain:
i. The determination and the reasons for it.
ii. The appropriate Component action to resolve the debt as a
consequence of the determination if it is or becomes a final action
(the finality of an initial determination is explained at paragraph
E to this Appendix).
iii. The appeal process (as explained in Appendix F to this
part) if the determination does not grant the entire application or
does not contain a finding of timely receipt.
2. Notify the Component concerned if the determining official is
not an official of the Component concerned when and if the
determination is a final action. The notice must explain:
i. The determination and its reasons.
ii. The appropriate Component action to resolve the debt as a
consequence of the determination.
E. When an Initial Determination Is Final
A final action is an initial determination that grants the
entire waiver application or finds that the application was timely
received. Also, an initial determination (including one of untimely
receipt) is a final action if the determining official does not
receive an appeal within 30 days of the date of the initial
determination (plus any extension of up to 30 additional days
granted by the determining official for good cause shown).