20 CFR 10.440
§ 10.440 How does OWCP communicate its final decision concerning recovery of an overpayment, and what appeal right accompanies it?
United States · 20 CFR — Employees' Benefits · Status: effective
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- Citation
- 20 CFR 10.440, § 10.440 How does OWCP communicate its final decision concerning recovery of an overpayment, and what appeal right accompanies it?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/76546
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.