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B-184145 1 (1975-09-30)

handle is hein.gao/gaobadcmc0001 and id is 1 raw text is: All t DIGEST: THE COMPTROLLER GENERAL : OF THE UNITED STATES V WASHINGTON, D. C. 20548 51'-' DECISION FILE: B-184145 MATTER OF: q-739r Responsibilities and liabilities of certifying officers 1. In view of certifying officer's statutory right to request and receive advance decision from the Comp- troller General on matters of law, certifying officers are not bound by conclusion of law rendered by agency's general counsel. 31 U.S.C. § 82d. 2. Where there is doubt as to legality of a payment, certifying officer's only complete protection from liability for an erroneous payment is to request and follow Comptroller General's advance decision under 31 U.S.C. § 82d. 3. The Comptroller General may not relieve a certifying officer from liability if the Comptroller General finds a payment was specifically prohibited by statute, even though payment was made in good faith and for value received. 31 U.S.C. 6 82c. 4. Test of good faith regarding legal questions concern- ing certified vouchers is whether or not certifying officer was in doubt regarding payment, and, if so, whether he exercised his right to request and receive advance decision from Comptroller General. 31 U.S.C. $ 82c, 82d. 5. Certifying Officer is liable moment an improper pay- ment is made as a result of his erroneous certification. This is true whether certification involves question of fact, question of law, or mixed question of law and fact. 6. This Office has sought to apply the certifying officer's relief statute by considering practical conditions and procedures under which certifications are made. Con- sequently, diligence required of a certifying officer before requests for relief can be granted is matter of degree dependent on practical conditions prevailing at time of certification, sufficiency of administrative procedures protecting interests of Government, and apparency of the error. PUBUSHED DECISION 55 Comp. Ge........ - 1 - DATE: S SSEP 3{)975 I

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