B-139925, JUL. 31, 1959

B-139925, JUL. 31, 1959

TO MR. PAUL K, PASCHKE:

ON JUNE 12, 1959, YOU REQUESTED OUR DECISION WHETHER YOU MAY ACCEPT BILLINGS AND APPROVE PAYMENTS TO THE UNIVERSITY OF PENNSYLVANIA FOR TUITION AND FEES ON ACCOUNT OF THE ENROLLMENT OF MRS. MARIJA B. NOVOSEL, AN INTERNATIONAL COOPERATION ADMINISTRATION PARTICIPANT FROM YUGOSLAVIA. THE QUESTION ARISES BECAUSE THE ACTUAL CHARGES AS BILLED BY THE UNIVERSITY FOR THE SPRING SEMESTER, 1959, ARE HIGHER THAN OFFICIALS OF THE DEPARTMENT ARRANGING HER ENROLLMENT WERE INFORMED THEY WOULD BE.

THE FILE INDICATES THAT IN ARRANGING MRS. NOVOSEL'S ENROLLMENT INQUIRY WAS MADE ON NOVEMBER 4, 1958, TO THE PSYCHOLOGICAL LABORATORY AND CLINIC OF THE UNIVERSITY. MRS. MARY L. RYAN, ADMINISTRATIVE ASSISTANT IN THE CLINIC, REPLIED ON DECEMBER 8, 1958, THAT THE "APPROXIMATE COST OF TUITION AND FEES FOR ONE YEAR AMOUNTS TO $800.' ON JANUARY 5, 1959, THE ADMINISTRATIVE ASSISTANT SECRETARY WROTE MRS. RYAN IN PART AS FOLLOWS:

"THIS LETTER MAY BE CONSIDERED YOUR AUTHORITY TO BILL THE DEPARTMENT OF LABOR FOR SERVICES INCURRED ON BEHALF OF MRS. NOVOSEL WITH THE UNDERSTANDING THAT THE CHARGES WILL NOT EXCEED 0.00.'

MRS. NOVOSEL DULY ENTERED THE UNIVERSITY AT THE BEGINNING OF THE SPRING SEMESTER IN FEBRUARY 1959. ON MAY 22, THE SUPERVISOR OF STUDENT ACCOUNTS WROTE TO THE DEPARTMENT POINTING OUT THAT THE ORIGINAL "ESTIMATE" OF $850 (OR $800) GIVEN BY THE PSYCHOLOGICAL LABORATORY AND CLINIC WAS ERRONEOUS IN THAT IT WAS BASED ON THE 1957-1958 RATE INSTEAD OF THE INCREASED RATES FOR THE 1958-1959 AND THE 1959-1960 SCHOOL YEARS AS PUBLISHED IN THE RESPECTIVE CATALOGS, COPIES OF WHICH YOU FORWARDED AND WHICH WE RETURN HEREWITH. THE UNIVERSITY PROPOSED TO INCREASE THE PREVIOUS ESTIMATE BY $245 TO CONFORM WITH THE APPLICABLE PUBLISHED RATES MAKING A TOTAL OF $1,095 FOR TWO SEMESTERS.

IN THE CIRCUMSTANCES, WE DO NOT CONSIDER THAT THE CORRESPONDENCE BETWEEN THE DEPARTMENT AND THE UNIVERSITY CREATED A CONTRACT BY WHICH THE UNIVERSITY COULD BE RESTRICTED TO THE QUOTATION OF $850 FOR TUITION AND FEES BECAUSE WE PRESUME THAT MRS. RYAN HAD NO AUTHORITY TO ALTER THE OFFICIALLY ESTABLISHED TUITION AND FEE RATES PUBLISHED BY THE UNIVERSITY. THEREFORE, OUR OFFICE WOULD NOT OBJECT TO THE PAYMENT OF THE PROPER TUITION AND FEES COMPUTED ON THE ESTABLISHED RATES APPLICABLE TO OTHER STUDENTS, IF ADMINISTRATIVELY APPROVED.

IN THAT CONNECTION, WE ARE UNABLE TO VERIFY THE CORRECTNESS OF THE AMOUNT OF $1,095 FOR TWO SEMESTERS FROM THE RATES SET OUT IN THE APPLICABLE CATALOGS. WE UNDERSTAND, HOWEVER, THAT THE UNIVERSITY HAS INFORMALLY INDICATED TO YOUR OFFICE THAT THIS FIGURE IS IN ERROR AND THAT THE UNIVERSITY IS IN THE PROCESS OF FURNISHING YOU A REVISED AND CORRECTED BILLING.

THEREFORE, THE CORRECT AMOUNT BASED ON APPLICABLE CATALOG RATES, MAY BE CERTIFIED FOR PAYMENT. THE VOUCHER WHICH MAY NOT BE CERTIFIED IN ITS PRESENT AMOUNT IS RETURNED.