B-122565, AUG. 26, 1955

B-122565: Aug 26, 1955

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RAPHAEL O-HARA LANIER: REFERENCE IS MADE TO YOUR LETTER OF JULY 25. IN WHICH YOUR REQUEST FOR RELIEF FROM RESPONSIBILITY FOR PAYMENT MADE ON VOUCHER 401 CERTIFIED AND PAID BY YOU WAS DENIED. UNDER WHICH WE ARE AUTHORIZED TO GRANT RELIEF TO A CERTIFYING OFFICER FOR AN ERRONEOUS. SUCH PROVISIONS FOR RELIEF ARE NOT APPLICABLE TO YOUR CASE. SINCE YOU HAVE FAILED TO REMIT THE AMOUNT INVOLVED. YOU ARE ADVISED THAT THE MATTER IS TODAY BEING FORWARDED TO THE DEPARTMENT OF JUSTICE FOR APPROPRIATE COLLECTION ACTION.

B-122565, AUG. 26, 1955

TO MR. RAPHAEL O-HARA LANIER:

REFERENCE IS MADE TO YOUR LETTER OF JULY 25, 1955, IN EFFECT, REQUESTING RECONSIDERATION OF OUR DECISION OF APRIL 6, 1955, IN WHICH YOUR REQUEST FOR RELIEF FROM RESPONSIBILITY FOR PAYMENT MADE ON VOUCHER 401 CERTIFIED AND PAID BY YOU WAS DENIED.

YOUR LETTER SETS FORTH NO FACTS OR ALLEGATIONS NOT CONSIDERED IN OUR EARLIER DECISION AND YOU APPARENTLY AGREE WITH OUR CONCLUSION THAT THE PROVISIONS OF 31 U.S.C. 82C FURNISH NO BASIS ON WHICH YOUR REQUEST FOR RELIEF PROPERLY COULD BE GRANTED. YOU STATE, HOWEVER, THAT YOU FEEL THAT THERE MUST BE FURTHER RELIEF FOR PERSONS IN SITUATIONS SUCH AS YOURS.

SECTION 2 OF THE ACT OF DECEMBER 29, 1941, 31 U.S.C. 82C, SETS FORTH THE ONLY CONDITIONS, KNOWN TO US, UNDER WHICH WE ARE AUTHORIZED TO GRANT RELIEF TO A CERTIFYING OFFICER FOR AN ERRONEOUS, IMPROPER OR ILLEGAL PAYMENT CERTIFIED BY HIM. SINCE, FOR THE REASONS STATED IN OUR EARLIER DECISION, SUCH PROVISIONS FOR RELIEF ARE NOT APPLICABLE TO YOUR CASE, AND SINCE YOU HAVE FAILED TO REMIT THE AMOUNT INVOLVED,YOU ARE ADVISED THAT THE MATTER IS TODAY BEING FORWARDED TO THE DEPARTMENT OF JUSTICE FOR APPROPRIATE COLLECTION ACTION.