About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-206951 1 (1982-07-12)

handle is hein.gao/gaobadkmp0001 and id is 1 raw text is: DECISIOrN FILE: B-206951 MATTER OF: DIGEST: THE CCMPTROLLCR /rtALdel o CF THE UNUTUD STATENS Im'Jw WABHINGTON. ,0, ,10546 DATE: July 12, 1982 Major James S. True, USAF 1. A weight certificate and weight tickets, whioTh were regular on their face, produced by a certified weighmaster to determinedthe weight of i household goods shipaient and which indicated that the shipment:'s weight greatly exceeded the authorized shipping weight, can be rebutted. An Air Force meta- ber who produced substantial evidence in- cluding professional weight estimates made by Air Force employees showed that mover's weight certificate and tickets were clearly in error and invalid. 2. Air Force, apparently erroneously assuming that a mover's weightrcertificate and weight tickets could not be rebutted, initially failed its responsibility to determine the constructivo weight of a household goods shipment even though the weight tickets and certificate were shown by substantial evi- dence to be clearly in error and invalid. However, where the mover admits weight cer- tificates are invalid and, based on lower constructed weight, recomputes and partially refunds chargers, the service's acceptance of the lower constructive weight which is supported by evidence of record will not be questioned by GAO since whether and to what extent authorized weights have been exceeded are questions of fact primarily for administrative determination. Major James S. True, USAF, appeals a settlement of our former Claims Division which denied his claim for reimbursement of the charges collected from him by the Air Force due to the weight of a shipment of his house- hold goods exceeding his authorized weight limitation. Although weight tickets and a weight certificate sub- mitted by the mover in support of the mover's charges initially established the excess weight, and the corre- sponding excess charges were collected from Major True by the Air Force, these weight tickets were later admitted 11 . . I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most