B-167497, OCT. 7, 1969

B-167497: Oct 7, 1969

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NO BASIS IS FOUND FOR REVERSING AGENCY'S DETERMINATION IN REFUSING TO GRANT WAIVER. ALTHOUGH GAO WILL CONSIDER APPEALS FROM EMPLOYEES OF AGENCY'S ACTION ON THEIR REQUESTS FOR WAIVER UNDER 5 U.S.C. 5584. IT HAS ADOPTED POLICY OF NOT REVERSING AGENCY'S DETERMINATION UNDER SUCH LAW EXCEPT TO EXTENT THAT AGENCY ACTION IS CONTRARY TO STATUTE OR IMPLEMENTING STANDARDS FOR WAIVER. OR UNLESS AGENCY'S ACTION IS FOUND TO BE ARBITRARY OR CAPRICIOUS. THE GENERAL ACCOUNTING OFFICE WILL CONSIDER APPEALS FROM EMPLOYEES OF AN AGENCY'S ACTION ON THEIR REQUESTS FOR WAIVER UNDER PUBLIC LAW 90 616. OF NOT REVERSING AN AGENCY'S DETERMINATION UNDER SUCH LAW EXCEPT TO THE EXTENT THAT THE AGENCY ACTION IS CONTRARY TO THE STATUTE OR THE IMPLEMENTING STANDARDS FOR WAIVER.

B-167497, OCT. 7, 1969

DEBT COLLECTIONS--WAIVER--CIVILIAN EMPLOYEES--COMPENSATION OVERPAYMENTS- APPEAL FROM ADMINISTRATIVE DETERMINATIONS CONCERNING EMPLOYEE'S REQUEST FOR REVIEW OF ACTION OF ADMINISTRATOR, FARMERS HOME ADMINISTRATION IN REFUSING TO GRANT WAIVER UNDER AUTHORITY OF 5 U.S.C. 5584 OF ERRONEOUS PAYMENTS OF PAY NOT EXCEEDING $500, NO BASIS IS FOUND FOR REVERSING AGENCY'S DETERMINATION IN REFUSING TO GRANT WAIVER. ALTHOUGH GAO WILL CONSIDER APPEALS FROM EMPLOYEES OF AGENCY'S ACTION ON THEIR REQUESTS FOR WAIVER UNDER 5 U.S.C. 5584, IT HAS ADOPTED POLICY OF NOT REVERSING AGENCY'S DETERMINATION UNDER SUCH LAW EXCEPT TO EXTENT THAT AGENCY ACTION IS CONTRARY TO STATUTE OR IMPLEMENTING STANDARDS FOR WAIVER, AS INTERPRETED BY GAO, OR UNLESS AGENCY'S ACTION IS FOUND TO BE ARBITRARY OR CAPRICIOUS, AND NONE OF THESE MATTERS APPEARS TO BE INVOLVED IN INSTANT CASE.

TO MRS. OMEATA H. JACKSON:

WE REFER TO YOUR LETTER OF AUGUST 18, 1969, REQUESTING THAT WE REVIEW THE ACTION OF THE ADMINISTRATOR, FARMERS HOME ADMINISTRATION, IN REFUSING TO GRANT A WAIVER UNDER THE AUTHORITY OF PUBLIC LAW 90-616 OF ERRONEOUS PAYMENTS OF PAY NOT IN EXCESS OF $500 RECEIVED BY YOU WHILE EMPLOYED WITH THAT ADMINISTRATION.

THE GENERAL ACCOUNTING OFFICE WILL CONSIDER APPEALS FROM EMPLOYEES OF AN AGENCY'S ACTION ON THEIR REQUESTS FOR WAIVER UNDER PUBLIC LAW 90 616. OUR OFFICE HAS ADOPTED THE POLICY, HOWEVER, OF NOT REVERSING AN AGENCY'S DETERMINATION UNDER SUCH LAW EXCEPT TO THE EXTENT THAT THE AGENCY ACTION IS CONTRARY TO THE STATUTE OR THE IMPLEMENTING STANDARDS FOR WAIVER, AS INTERPRETED BY OUR OFFICE, OR UNLESS THE AGENCY'S ACTION IS FOUND TO BE ARBITRARY OR CAPRICIOUS. SINCE NONE OF THESE MATTERS APPEAR TO BE INVOLVED IN YOUR CASE, WE FIND NO BASIS FOR REVERSING THE DETERMINATION OF THE AGENCY IN REFUSING TO GRANT THE WAIVER YOU REQUESTED.