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B-195227 1 (1979-11-29)

handle is hein.gao/gaobadjba0001 and id is 1 raw text is: IzL0 DECISION FILE: B-195227 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: Novermber 29, 1979 OF: Finality of Immigration and Naturalization Service's 5 decision on responsibility of accountable officer for physical losses of fund. Delegation of authority to agencies to resolve administrative irregularities up to $500 is relevant only when agency believes accountable officer should be relieved of respon- sibility. Since GAO's role is limited to concurring or refusing to concur with agency head's findings that statutory requisites for relief have been met GAO may not grant relief, when no such findings have been made, regardless of the amount involved. The Acting Associate Commissioner of Management for the Immigration and Naturalization Service requests our decision concerning the finality 2 of an agency's decision on the responsibility for an irregularity in accounts up to $500. The Immigration and Naturalization Service determined that Mr. David L. Milne, an accountable officer, was liable for a physical shortage of funds, and withheld $90 from his paycheck to make up the loss. Claiming that the agency had disregarded its own regulations in holding him accountable, Mr. Milne then appealed to the General Accounting Office for a refund of the $90. Mr. Milne specifically stated he was not applying for relief under 31 U.S.C. § 82a-1. In denying Mr. Milne's refund request, our Claims Division stated: We have no authority to reverse the determination made by the Immigration and Naturalization Service that you were one of the 'accountable officers,' in view of the fact that we have delegated to all federal agencies the authority to administratively resolve irregularities in accounts of up- to $500. See 54 Comp. Gen. 112 (1974). After our denial of his refund request, Mr. Milne submitted a grievance to the Immigration and Naturalization Service. The Service refused to consider the grievance because its grievance procedures cover only matters which are not subject to final administrative review outside the agency. The Service maintains that final responsibility for administrative review of account irregularities up to $500 remains with the General Accounting Office.

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