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B-207393 1 (1983-05-23)

handle is hein.gao/gaobadlce0001 and id is 1 raw text is: -J '-~- ~ - . THE COMPTROLLER GENERAL DECISION • . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-207393 DATE: V.,ay 23, 1983 MATTER OF: Dennis 0. Williams - Transportation of Household Goods - Excess Weight DIGEST: Transferred employee was assessed weight charges for 3,360 pounds over statutory maximum of 11,000 pounds. Employee alleges that his shipment weight was bumped by the carrier and that the weight tickets are fraudulent. Allegations are based on circumstantial evidence which does not afford a clear inference of fraud. In the absence of proof to the contrary, GAO will accept public weighmaster's tickets as valid and accurate, especially when administra- tive agency has made like determina- tion. Burden of proof is upon claimant to affirmatively establish that excess weight charge was the result of fraud or clear error. Since employee has not met that bur- den, his claim is denied. This decision responds to a request submitted by our Claims Group concerning the claim of Mr. Dennis 0. Williams, an employee of the Federal Bureau of Investigation (FBI). Mr. Williams seeks reimbursement of $1,404.97, which he has paid to the Government for excess costs incurred in the shipment of his household goods from Los Angeles, California, to Washington, D.C., incident to a permanent change of station in August 1979. For the reasons that follow, Mr. Williams' claim is denied. BACKGROUND Mr. Williams' goods were shipped by National Van Lines (NVL) under Government Bill of Lading (GBL) K-4,858,500. The net weight indicated on the weight certificate furnished by NVL is 14,360 pounds, 3,360 pounds over the allowed statutory limit of 11,000 pounds. This certificate is supported by California Public Weighmaster's tickets 94514 and 94243, both dated August 17, 1979, which show a gross weight of 46,330 pounds and a tare Weight of 32,470 pounds respectively.

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