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Responsibilities and Liabilities of Certifying Officers

B-184145 Sep 30, 1975
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Highlights

The role and responsibilities of certifying officers were questioned. A certifying officer has the statutory right to receive advance decisions on matters of law from the Comptroller General and is, therefore, not bound by conclusions of the agency's general counsel. The officer's only complete protection from liability for an erroneous payment is to follow the Comptroller General's advance decision, but he may not be relieved from liability for payments specifically prohibited by statute even if made in good faith. A test of good faith is whether the officer was in doubt regarding payment and, if so, requested an advance decision from the Comptroller General. The officer is liable from the time improper payment is made as a result of his erroneous certification whether certification involves questions of fact, law, or both. Relief from liability depends on practical conditions prevailing at the time of certification, sufficiency of administrative procedures protecting Government interests, and apparency of the error.

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