Before seeking to recover an overpayment or adjust benefits, OWCP will advise the beneficiary in writing that:
(a) The overpayment exists, and the amount of overpayment;
(b) A preliminary finding shows either that the individual was or was not at fault in the creation of the overpayment;
(c) He or she has the right to inspect and copy Government records relating to the overpayment; and
(d) He or she has the right to present evidence which challenges the fact or amount of the overpayment, and/or challenges the preliminary finding that he or she was at fault in the creation of the overpayment. He or she may also request that recovery of the overpayment be waived.
source: 76 FR 37903, June 28, 2011, unless otherwise noted.
cite as: 20 CFR 10.431