A-65593, DECEMBER 11, 1935, 15 COMP. GEN. 481

A-65593: Dec 11, 1935

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MUST BE PRESUMED TO BE THE FAULT OF THE FEDERAL OFFICER MAKING THE COLLECTION AND REFUND THEREOF IS AUTHORIZED. AS FOLLOWS: THERE IS ENCLOSED A COPY OF A DESPATCH RECEIVED FROM THE AMERICAN CONSUL GENERAL AT VANCOUVER. THE AMOUNT OF FIVE DOLLARS WHICH WAS ERRONEOUSLY COLLECTED FROM HIM AT THE CONSULATE GENERAL AT VANCOUVER IN CONNECTION WITH THE ISSUANCE OF A NONIMMIGRANT VISA ON APRIL 9. INFORMS CONSULAR OFFICERS OF AN AGREEMENT CONCLUDED WITH THE GOVERNMENT OF LITHUANIA WHEREBY THE FEE FOR NONIMMIGRANT VISAS IS FIXED AT FIVE DOLLARS AND APPLICATION THEREFOR IS GRATIS. MINIOTAS IS ERRONEOUS AND FIVE DOLLARS OF THE AMOUNT SHOULD BE REFUNDED. IS ENCLOSED. AS THE FUNDS COLLECTED IN THIS CASE APPARENTLY HAVE BEEN TURNED INTO THE TREASURY.

A-65593, DECEMBER 11, 1935, 15 COMP. GEN. 481

FEES - VISA - REFUND OF EXCESS COLLECTION THE COLLECTION OF A FEE IN CONNECTION WITH THE ISSUANCE OF A NONIMMIGRANT VISA IN EXCESS OF THAT PRESCRIBED BY LAW OR REGULATION ISSUED PURSUANT THERETO, AND HAVING THE FORCE AND EFFECT OF LAW, MUST BE PRESUMED TO BE THE FAULT OF THE FEDERAL OFFICER MAKING THE COLLECTION AND REFUND THEREOF IS AUTHORIZED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, DECEMBER 11, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 16, 1935 (FA 811.111 MINIOTAS, KAZYS), AS FOLLOWS:

THERE IS ENCLOSED A COPY OF A DESPATCH RECEIVED FROM THE AMERICAN CONSUL GENERAL AT VANCOUVER, BRITISH COLUMBIA, CANADA, REQUESTING AUTHORIZATION TO REFUND TO MR. KAZYS MINIOTAS, A LITHUANIAN, THE AMOUNT OF FIVE DOLLARS WHICH WAS ERRONEOUSLY COLLECTED FROM HIM AT THE CONSULATE GENERAL AT VANCOUVER IN CONNECTION WITH THE ISSUANCE OF A NONIMMIGRANT VISA ON APRIL 9, 1935.

AS THE DEPARTMENT'S WAIVER INSTRUCTION NO. 31 OF APRIL 4, 1932, INFORMS CONSULAR OFFICERS OF AN AGREEMENT CONCLUDED WITH THE GOVERNMENT OF LITHUANIA WHEREBY THE FEE FOR NONIMMIGRANT VISAS IS FIXED AT FIVE DOLLARS AND APPLICATION THEREFOR IS GRATIS, THE AMOUNT OF $10 COLLECTED FROM MR. MINIOTAS IS ERRONEOUS AND FIVE DOLLARS OF THE AMOUNT SHOULD BE REFUNDED. A COPY OF WAIVER INSTRUCTION NO. 31, IS ENCLOSED.

AS THE FUNDS COLLECTED IN THIS CASE APPARENTLY HAVE BEEN TURNED INTO THE TREASURY, AUTHORIZATION IS REQUESTED TO INSTRUCT THE CONSUL GENERAL AT VANCOUVER TO REFUND TO MR. MINIOTAS THE AMOUNT OF FIVE DOLLARS.

THE WAIVER INSTRUCTION NO. 31 OF APRIL 4, 1932, REFERRED TO ABOVE ISSUED TO "AMERICAN DIPLOMATIC AND CONSULAR OFFICERS" UNDER AUTHORITY OF THE ACT OF FEBRUARY 25, 1925, 43 STAT. 976 AND THE EXECUTIVE ORDER NO. 5427 OF AUGUST 20, 1930, PROVIDED THAT EFFECTIVE APRIL 15, 1932, THE FEE FOR A NONIMMIGRANT VISA FOR CITIZENS OR SUBJECTS OF LITHUANIA SHOULD BE $5 AND THAT THE APPLICATION THEREFOR SHOULD BE GRATIS. SEE ALSO, CONSULAR REGULATIONS OF THE UNITED STATES, SUPPLEMENT A, APPENDIX B, PAGE 127.

THE RULE IS WELL ESTABLISHED THAT FEES FOR SERVICES RENDERED BY THE GOVERNMENT MAY BE REFUNDED ONLY IF IMPROPERLY COLLECTED AS THE RESULT OF THE FAULT OR NEGLIGENCE ON THE PART OF THE OFFICERS OR EMPLOYEES OF THE GOVERNMENT. 10 COMP. GEN. 364; 15 ID. 38. THE COLLECTION OF A FEE IN EXCESS OF THAT PRESCRIBED BY LAW OR REGULATION ISSUED PURSUANT TO, AND HAVING THE FORCE AND EFFECT OF LAW, MUST BE PRESUMED TO BE THE FAULT OF THE FEDERAL OFFICER MAKING THE COLLECTION WHO IS CHARGED WITH KNOWLEDGE OF THE LAW AND/OR REGULATION. UNDER THE CIRCUMSTANCES, REFUND IS AUTHORIZED OF THE AMOUNT OF $5 TO MR. MINIOTAS IN ACCORDANCE WITH THE USUAL PRACTICE IN THE MATTER OF SUCH AUTHORIZED REFUNDS.