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B-194727 1 (1979-10-30)

handle is hein.gao/gaobabjph0001 and id is 1 raw text is: • UNITED STATES GENERAL ACCOUNTING OFFICE - I WASHINGTON, D.C. 20548 IN REPLY REFER TO OFFICE Or GENERAL COUNSEL OCT 30 1979 Ms. Margaret M. Ayres Chief Counsel, Urban Mass Transportation AdministrationN Qc_ 0 3 Department of Transportation _ 0 400 7th Street, S.W. Washington, D.C. 20590 Dear Ms. Ayres: You have requested guidance as to the)ianner of response to -i-x Notices of Exception(exceptions). The exceptions relate to the account of Mr. Lewis Keeton, as the Certifying Officer responsible for authorizing improper payments to Mr. William.....Sibert, a former Government employee in the Department of Transportation. First, you wish to know the type of answer which the Urban Mass Transportation Administration (UMTA) must provide to the exceptions. You suggest that Mr. Keeton's written answer to the exceptions or an updated version would constitute a sufficient response. You refer to conversations with General Accounting Office (GAO) staff concerning the content of the response. The exceptions represent our finding that each payment was improper. Because a certifying officer's liability for improper payments is that of an insurer, 1r. Keeton is, without more, liable to the United States for the amount of those payments unless it can be shown that the payments were not improper or relief is granted to him. Accordingly, the exceptions indicate that credit for the amount of payments made to Mr. Sibert will be withheld or a charge will be raised in UMTA's next statement of settlement unless a satisfactory explanation is made or the amount of the loss deposited. More-specifically, if your agency agrees with the exceptions, your reply need only so state. If you disagree, you may offer any reasons that you think the payments were not improper, such as facts not earlier known. Thus, you need not comment on whether Mr. Keeton was negligent nor on the amounts of the exceptions which are apparently not in dispute. With regard to the request Mr. Keeton has made through his attorney for an opportunity 0 7665

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