B-131660, JUL. 2, 1957
Highlights
YOUR REQUEST FOR RECONSIDERATION IS ACCOMPANIED BY NO ADDITIONAL EVIDENCE OF THE ACTUAL WEIGHT OR ACTUAL LOADED VOLUME OF YOUR EFFECTS. THE EVIDENCE OF RECORD WAS GIVEN FULL AND CAREFUL CONSIDERATION. THE DECISION AFFIRMING THE SETTLEMENT IS HEREBY SUSTAINED. THAT A CERTIFICATE SIGNED BY THE HAULER OR CARRIER'S REPRESENTATIVE EXPLAINING WHY SCALES WERE NOT READILY AVAILABLE. STATING THAT THE EFFECTS WERE PROPERLY LOADED WOULD MEET THE EVIDENTIARY REQUIREMENTS. THE SETTLEMENTS OF THE GENERAL ACCOUNTING OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT.
B-131660, JUL. 2, 1957
TO MR. JOHN B. KELLER:
IN YOUR LETTER OF MAY 27, 1957, YOU REQUEST RECONSIDERATION OF OUR DECISION OF MAY 23, 1957, WHICH SUSTAINED THE SETTLEMENT OF JANUARY 3, 1957 DISALLOWING YOUR CLAIM FOR REIMBURSEMENT AT THE COMMUTED RATE FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM WOODVILLE, OHIO, TO TOLEDO, OHIO, ON JUNE 6, 1956, IN CONNECTION WITH A CHANGE OF OFFICIAL STATION. THE SETTLEMENT OF JANUARY 3 ALLOWED THE ACTUAL EXPENSES OF THE TRANSPORTATION.
YOUR REQUEST FOR RECONSIDERATION IS ACCOMPANIED BY NO ADDITIONAL EVIDENCE OF THE ACTUAL WEIGHT OR ACTUAL LOADED VOLUME OF YOUR EFFECTS. THE EVIDENCE OF RECORD WAS GIVEN FULL AND CAREFUL CONSIDERATION, NOT ONLY IN CONNECTION WITH THE SETTLEMENT OF JANUARY 3, BUT ALSO IN CONNECTION WITH THE REVIEW AND DECISION OF MAY 23. THE DECISION AFFIRMING THE SETTLEMENT IS HEREBY SUSTAINED.
WITH REGARD TO YOUR INQUIRY AS TO WHAT CERTIFICATION AS TO CUBIC MEASUREMENT FOR THE PURPOSE OF COMPUTING CONSTRUCTIVE WEIGHT WOULD BE ACCEPTABLE TO OUR OFFICE, IT MAY BE SAID, GENERALLY, THAT A CERTIFICATE SIGNED BY THE HAULER OR CARRIER'S REPRESENTATIVE EXPLAINING WHY SCALES WERE NOT READILY AVAILABLE, GIVING THE ACTUAL MEASURED VOLUME OF THE EFFECTS WHEN LOADED, AND STATING THAT THE EFFECTS WERE PROPERLY LOADED WOULD MEET THE EVIDENTIARY REQUIREMENTS. CONCERNING YOUR INQUIRY AS TO YOUR RIGHT OF APPEAL, THE SETTLEMENTS OF THE GENERAL ACCOUNTING OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT. SEE 31 U.S.C. 74. YOU ARE AT LIBERTY, ..END :