B-159621, JULY 20, 1966, 46 COMP. GEN. 63

B-159621, JULY 20, 1966, 46 COMP. GEN. 63

TRANSPORTATION - OVERCHARGES - RECOVERY - ABEYANCE PENDING REVIEW OF ISSUE. WITHHOLDING COLLECTION OF TRANSPORTATION OVERCHARGES PENDING REVIEW OF A DISALLOWANCE INVOLVING THE SAME ISSUE MAY NOT BE APPROVED, AS ABSENT EVIDENCE DEMONSTRATING NEED FOR SPECIAL TREATMENT OF A CARRIER, DEPARTURE FROM THE PROCEDURES ESTABLISHED TO IMPLEMENT 49 U.S.C. 66, PROVIDING FOR PAYMENT OF CARRIER TRANSPORTATION BILLS PRIOR TO AUDIT OR SETTLEMENT AND THE DEDUCTION OF OVERCHARGES FROM AMOUNTS SUBSEQUENTLY FOUND DUE, IS NOT WARRANTED. HOWEVER, THE CARRIER MAY FILE A CLAIM FOR REFUND OF ANY COLLECTION, AND THE RESOLUTION OF THE ISSUE PENDING WILL CONTROL BILLS INVOLVING THE IDENTICAL ISSUE.

TO NAVAJO FREIGHT LINES, INC., JULY 20, 1966:

YOUR LETTER OF JULY 1, 1966, WITH ENCLOSURES, REFERS TO YOUR REQUEST OF JUNE 23, 1966, THAT WE REVIEW OUR TRANSPORTATION DIVISION'S DISALLOWANCE OF NAVAJO CLAIM 18446-0 WHICH IS PENDING UNDER OUR FILE B 159564. THE REVIEW OF SUCH DISALLOWANCE AS INDICATED IN OUR LETTER OF JULY 5, 1966, B- 159564, TO YOU IS RECEIVING CONSIDERATION AND YOU WILL BE ADVISED AS TO THE RESULT AT AS EARLY A DATE AS PRACTICABLE. AMONG THE ENCLOSURES TO YOUR LETTER OF JULY 1, 1966, ARE COPIES OF TWO LETTERS TO YOUR COMPANY FROM OUR TRANSPORTATION DIVISION SUSTAINING ITS AUDIT ACTION ON YOUR BILL. NOS. 2301-7274 AND 2950-9224 AND ADVISING YOU IN EFFECT THAT IN THE ABSENCE OF REFUND THE OVERCHARGES WILL BE COLLECTED BY DEDUCTION OR OTHER AVAILABLE MEANS.

YOU SAY THAT YOUR REQUEST FOR REVIEW OF NAVAJO CLAIM 18446-0 AND THE CHARGES ON THE TWO BILLS (2301-7274 AND 2950-9224) INVOLVE THE SAME ISSUE; AND, YOU ASK THAT WE INSTRUCT OUR TRANSPORTATION DIVISION TO WITHHOLD ANY FURTHER ACTION ON THE TWO BILLS PENDING COMPLETION OF OUR REVIEW OF THE DISALLOWANCE OF NAVAJO CLAIM 18446-0.

SECTION 322 OF THE TRANSPORTATION ACT OF 1940, AS AMENDED, 49 U.S.C. 66, PROVIDES FOR THE PAYMENT UPON PRESENTATION OF CARRIER'S BILLS FOR TRANSPORTATION CHARGES PRIOR TO AUDIT OR SETTLEMENT BY OUR OFFICE AND RESERVES TO THE UNITED STATES THE RIGHT TO DEDUCT AMOUNTS CONSIDERED TO HAVE BEEN OVERCHARGED BY CARRIERS FROM ANY AMOUNT SUBSEQUENTLY FOUND TO BE DUE THOSE CARRIERS. PROCEDURES IMPLEMENTING THESE AND OTHER LAWS AND RELATING TO THE EXAMINATION OF CLAIMS FOR TRANSPORTATION SERVICES BY AND AGAINST THE UNITED STATES ARE CONTAINED IN PARTS 53 AND 54 OF TITLE 4 OF THE CODE OF FEDERAL REGULATIONS.

IN DISCHARGING OUR OBLIGATIONS AND AUDITS UNDER THESE LAWS AND REGULATIONS, EXCEPTIONS TO THE PROCEDURES DEEMED NECESSARY TO MAINTAIN UNIFORM AND ORDERLY ACCOUNTING FOR PUBLIC FUNDS ARE NOT ORDINARILY WARRANTED UNLESS THERE EXIST COMPELLING CIRCUMSTANCES ESTABLISHING A DEFINITE NEED FOR THE SPECIAL TREATMENT OF PARTICULAR CARRIERS. FOR THESE REASONS AND IN THE ABSENCE OF ANY EVIDENCE DEMONSTRATING A NEED FOR SPECIAL TREATMENT, WE WOULD NOT BE WARRANTED IN INSTRUCTING OUR TRANSPORTATION DIVISION TO DEVIATE FROM ITS USUAL PROCEDURES IN CONNECTION WITH THE OVERCHARGES ON YOUR BILL NOS. 2301-7274 AND 2950 9224. HOWEVER, UNDER SUCH PROCEDURES, YOU ARE, OF COURSE, PRIVILEGED TO FILE A CLAIM FOR REFUND OF ANY AMOUNT REFUNDED OR COLLECTED BY DEDUCTION WHICH YOU CONSIDER WAS PROPERLY PAYABLE TO YOU SETTING FORTH FULLY THE BASIS RELIED UPON TO SUPPORT YOUR POSITION. ALSO, IF THE ISSUE AS TO SUCH BILLS IS IDENTICAL WITH THAT INVOLVED IN NAVAJO CLAIM 18446-0, OUR DECISION AS TO SUCH BILL SHOULD BE CONTROLLING AS TO YOUR BILLS NOS. 2301-7274 AND 2950-9224 AND IF FAVORABLE TO YOU, A REFERENCE THERETO IN YOUR CLAIMS MAY EXPEDITE SETTLEMENT OF ANY CLAIMS YOU MAY FILE WITH RESPECT TO SUCH TWO BILLS.