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DOCUMENT RESOME
02598 - 1A1882929]
Acting Federal Insurance Aiministrator's Status and &ithority.
B-183012. June 29, 1977. 6 pp.
Decision re: J. Robert Hunter, Acting Insurance ldainistrator,
Department of Huusiug and Urban Development: Federal Insurance
Administration; by Elmer B. Steats, comptroller General.
Issue Area: Personnel Management and Compensation: Compensation
(305).
Contact: Office of tba General Counsel: General Government
Matters.
Budget Function: General Government: Central Personnel
Management (805).
Organization Concerned: Department of Housing and rban
Development.
Authority: Vacancies Act (5 U.S.C. 3345-3349). 56 Comp. Gen. 137
; B-183012 (1976). 15 Stat. 168. 42 U.S.C. 3533a. 42 Coup.
Gen. 495. 55 Coup. Gen. 109. B-168424 (1977). U.S.
Constitution, art. II, se.. 2, cl. 2. 63 Am. Jur. 2d Public
Officers and Employees 504 (1972). 32 Op. Atty. Gen. 139.
The Acting Insurance Administrator's nomination for
Administrator was withdrawn February 23, 1977. Statutes mandate
position may be held only 30 days thereafter; after March 23,
1977, there was no legal authority for anyone to serve as Actizg
Insurance Administrator. Subject appninted Deputy ?dministrator
may fill vacancy only 30 days until nev Administrator is
confirmed. Validity of Insurance Administratox's decisions
during unauthorized tenure may necessitate court resolution.
Nevertheless, salary payments will not be recovered, as he was
de facto employee. !Author/DJM)
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