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Printing - FECA-PT2 - National Association of Letter Carriers

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2-0500-9 Due Process<br />

9. Due Process. Claimants must be informed about due process in cases where conferences are held.<br />

To this end, the SrCE should explain, in clear language, the criteria being used to make the various<br />

decisions and the implications <strong>of</strong> those decisions. Such explanations are especially important in<br />

overpayment cases. The meaning <strong>of</strong> "at fault" should be explained, as well as the criteria upon which it is<br />

determined. The SrCE should state that a preliminary finding <strong>of</strong> fault was made and show how it was<br />

reached; state the implications <strong>of</strong> this finding; and invite the claimant to provide any information that<br />

could affect the finding.<br />

Discussion <strong>of</strong> due process issues is not as vital in RTW conferences because they are less formal and their<br />

goal is to facilitate an early return to work, before the employing agency makes any written <strong>of</strong>fer <strong>of</strong><br />

"suitable work". Where the goal <strong>of</strong> the RTW conference is not reached, it may be necessary for the<br />

employing agency to make a formal job <strong>of</strong>fer. In such cases, the CE should consult PM Chapter 2-814.5,<br />

which describes the due process requirements, before invoking the sanctions <strong>of</strong> 8106(c).<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 51

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