Code of Federal Regulations · Section
§ 10.440 — How Does Owcp Communicate Its Final Decision Concerning Recovery Of An Overpayment, And What Appeal Right Accompanies It?
20 C.F.R. § 10.440
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(a) OWCP will send a copy of the final decision to the individual from whom recovery is sought; his or her representative, if any; and the employing agency.
(b) The only review of a final decision concerning an overpayment is to the Employees' Compensation Appeals Board. The provisions of 5 U.S.C. 8124(b) (concerning hearings) and 5 U.S.C. 8128(a) (concerning reconsiderations) do not apply to such a decision. The pendency of an appeal with ECAB has no effect on the finality of the order being appealed; in the event ECAB reverses the final overpayment decision, any monies collected will be restored to the beneficiary.
Authorizing Statute
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Administrative offset31 U.S.C. § 3716
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Departmental regulations5 U.S.C. § 301
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Review of award5 U.S.C. § 8128
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Findings and award; hearings5 U.S.C. § 8124