[Request for Reconsideration of Denial of Waiver of Overpayments Made to Interior Employee]

A Department of the Interior employee requested reconsideration of the denial of his request for an indebtedness waiver for an overpayment, contending that: (1) contrary to the agency report, he did bring the error to the attention of the appropriate authorities; and (2) since the overpayment was due to administrative error, the claim should be waived. GAO held that: (1) when there was a conflict in the facts presented, it generally accepted the facts that the agency reported absent a clear showing of agency error; (2) an employee that was cognizant of an overpayment could not reasonably expect to retain the overpayment, even though he informed the agency of the error; and (3) the waiver statute only authorized a waiver when the employee was without fault in causing and reporting the error, and collection action would otherwise be against equity and good conscience and not in the best interests of the United States. Accordingly, the denial was affirmed.