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

B-224850 1 (1987-09-10)

handle is hein.gao/gaobadmvf0001 and id is 1 raw text is: JThe Comptroller General of the United States Washington, D.C. 2548 Decision Mater o: Rebecca T. Zagriniski -- Waiver of Relocation File: Expenses B-224850 Date: September 10, 1987 DIGEST Agency erroneously authorized certain relocation expenses and the error was discovered after the employee had incurred tne expenses but before the voucher was paid. The newly amended waiver statutes do not authorize waiver in cases where no payment has been made. Nothing in the statute, either before or after its amendment modifies or abrogates the rule that the Government is not liable for the erroneous advice of its agents. The statute and its legislative history demonstrate that Congress intended waiver authority to apply only to cases in which an erroneous payment has already been made. DECISION This is in response to a request for a decision concerning the claim of Rebecca T. Zagriniski for reimbursement of relocation expenses.l/ Ms. Zagriniski was erroneously authorized certain relocation expenses and the error was not discovered until after she incurred the expenses and submitted a voucher for payment. The agency asks if reimbursement may be made based upon the newly amended waiver statute which permits waiver of erroneous payments of travel, transportation and relocation expenses and allowances. We find that waiver may not be granted where the error was discovered prior to the agency making an erroneous payment and, thus, there is no claim against Ms. Zagriniski to waive. FACTS Rebecca T. Zagriniski, MPH, Ph.D., a resident of Newtown, Pennsylvania, was appointed as a new appointee at the 1/ This request is from Mary M. McNamara, Chief, Administrative Law Branch, Business and Administrative Law Division, Office of the Secretary, Department of Health and Human Services. C)3o

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