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A. It is the County's policy for all employees whether or not they are members of the Career Service that no improper deductions shall be made from an employee's pay. In the event an improper deduction is made from an employee's paycheck, the employee shall immediately bring the error to the attention of the timekeeper. If the discrepancy is not resolved by the timekeeper, the employee shall submit a written request for review to the Human Resources Department.

B. When the County determines that an employee was overpaid wages, the employee will be served a written notice of the amount of the overpayment, the basis for the claim, a demand for payment within 20 calendar days of the date on which the employee received the notice, and the rights of the employee under this Section.

1. The notice may be delivered to the employee in person, via email with confirmation of receipt, or by mail to the employee at their last known address by certified mail, return receipt requested.

C. Within 20 calendar days after receiving the notice that an overpayment has occurred, the employee may request, in writing, to the Human Resources Department that the County review its finding that an overpayment has occurred. The employee may choose to have the review conducted through written submission of information challenging the overpayment or through a face-to-face meeting with the employer. If the request is not made within the 20-day period as provided in this subsection, the employee may not further challenge the determination of overpayment and has no right to further agency review, an adjudicative proceeding, or judicial review.

D. Upon receipt of an employee's written request for review of the overpayment, the County shall review the employee's challenge to the overpayment. Upon completion of the review, the employer shall notify the employee in writing of the employer's decision regarding the employee's challenge. The notification may be sent via email with confirmation of receipt or mailed to the employee at their last known address by certified mail, return receipt requested.

E. If the employee is dissatisfied with the employer's decision regarding the employee's challenge to the overpayment, the employee may request an adjudicative proceeding to the Pierce County Personnel Board, pursuant to Chapter 3.48 PCC and the Administrative Guidelines.

1. The employee's application for an adjudicative proceeding must be in writing, state the basis for contesting the overpayment notice, and include a copy of the employer's notice of overpayment. The application must be served on and received by the Human Resources Department within 28 calendar days of the employee's receipt of the employer's decision following review of the employee's challenge. The employee must serve the Human Resources Department via email with confirmation of receipt or by certified mail, return receipt requested.

2. For represented employees, any dispute relating to the occurrence or amount of the overpayment shall be resolved using the procedures contained in the collective bargaining agreement or this procedure, but not both.

F. If the employee does not request an adjudicative proceeding within the 28-day period, the amount of overpayment provided in the notice shall be deemed final and the County may proceed to recoup the overpayment from the employee's regular paycheck or by other collection action.

G. Where an adjudicative proceeding has been requested, the Personnel Board shall determine the amount, if any, of the overpayment received by the employee.

H. If the employee fails to attend or participate in the adjudicative proceeding, upon a showing of valid service, the presiding or reviewing officer may enter an administrative order declaring the amount claimed in the notice sent to the employee after the employer's review of the employee's challenge to the overpayment to be assessed against the employee by a payroll deduction and subject to collection action by the County.

I. Failure to make an application for a review by the County as provided in subsections C and D of this Section or any adjudicative proceeding within 28 calendar days of the date of receiving notice of the employer's decision after review of the overpayment shall result in the establishment of a final debt against the employee in the amount asserted by the County, which shall be collected as a payroll deduction or by other collection action.

(Ord. 2023-39 § 1, 2023; Ord. 2022-6 § 1, 2022; Ord. 2011-28 § 1 (part), 2011; Ord. 2008-106s § 1 (part), 2008)