[Decision Concerning Waiver of OPM Regulation in Setting Wage Rate of Reinstated Bureau of Reclamation Employee]

B-233946.2: Dec 14, 1989

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The Bureau of Reclamation requested a decision on whether a general wage rate regulation could be waived in establishing a rehired employee's pay, since the employee had previously been paid a special wage rate. GAO held that the regulation could not be waived, because: (1) the Bureau did not apply for approval to use the special wage rate in making its wage determination, presumably because the conditions required for the approval did not exist; and (2) neither it nor the Bureau had the authority to waive the regulation. Accordingly, GAO determined that the regulation could not be waived.