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B-209101 1 (1983-03-07)

handle is hein.gao/gaobadkxn0001 and id is 1 raw text is: 0~~ THE COMPTROLLER GENERAL; DECISION O F THE UNITEO STATES WASHINGTON. 0.C. 20548 FILE: B-209101 DATE: March 7, 1983 MATTER OF: Robert R. Ormiston DIGEST: Agriculture Department employee who trans- ferred to a new duty station in Puerto Rico, and reported for duty on Febru- ary 18, 1980, may not be reimbursed for real estate expenses of sale of his former residence since settlement did not occur until June 1982, more than 2 years after date of reporting. The time limitation imposed by para. 2-6.1e of FTR may not be waived or modified even though the employee's difficulty in selling former residence was due to housing market condi- tions. An authorized certifying officer of the Department of Agriculture requests our decision as to whether an employee may be reimbursed real estate expenses incident to a perma- nent change of station where the sale of his residence was delayed approximately 4 months beyond the authorized time limit. Payment is not authorized since the applicable regu- lations restricting the period of settlement necessary for reimbursement have the force and effect of law and cannot be waived. Dr. Robert R. Ormiston, an employee of the Department of Agriculture, was transferred February 10, 1980, from Carmel, Indiana, to San Juan, Puerto Rico. He arrived in San Juan on February 18, 1980. In November 1980, he requested and was granted a 1-year extension of initial 1-year settlement date limitation for reimbursement of real estate expenses. At the time the extension was granted, he was informed that the 1-year extension was the maximum time authorized. He began his attempts to sell his former residence beginning in April 1981 as his family did not plan to relocate until July 1981. The house remained vacant until it was sold in June 1982. Dr. Ormiston states in essence that although he was very anxious to get an immediate sale and meet the time limitation, the delay in doing so was due to the severely depressed economy and housing market in the Carmel area.

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