B-107507, JANUARY 31, 1952, 31 COMP. GEN. 346

B-107507, JANUARY 31, 1952, 31 COMP. GEN. 346

TRAVELING EXPENSES - HEARINGS ON EFFICIENCY RATING APPEALS THE TRAVEL OF AN EMPLOYEE IN ATTENDING AN ORAL HEARING ON THE APPEAL OF HIS EFFICIENCY RATING UNDER THE RIGHT CONFERRED UPON HIM IN SECTIONS 7 (C) AND (D) OF THE ACT OF SEPTEMBER 30, 1950, IS CONSIDERED OFFICIAL BUSINESS, AND THEREFORE, THE EXPENSES INCURRED INCIDENT TO SUCH TRAVEL ARE REIMBURSABLE TO THE EXTENT AUTHORIZED BY STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

COMPTROLLER GENERAL WARREN TO DEE R. CONANT, DEPARTMENT OF JUSTICE, JANUARY 31, 1952:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 16, 1952, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT THE VOUCHER BEFORE YOU--- BUT NOT SUBMITTED WITH YOUR LETTER--- CLAIMING REIMBURSEMENT OF TRAVELING EXPENSES INCURRED BY AN EMPLOYEE IN ATTENDING A HEARING UPON HIS APPEAL WITH RESPECT TO HIS EFFICIENCY RATING. IT IS STATED THAT THE "EMPLOYEE WAS ISSUED A GOVERNMENT TRANSPORTATION REQUEST AND APPROPRIATE TRAVEL AUTHORITY TO PROCEED FROM HARTFORD, CONN. TO BOSTON, MASS., AND RETURN, IN ORDER TO ACCORD HIM AN ORAL HEARING IN CONNECTION WITH AN EFFICIENCY RATING APPEAL.'

IT IS A GENERAL REQUIREMENT THAT A CERTIFYING OFFICER REQUESTING DECISION WITH RESPECT TO A VOUCHER BEFORE HIM FOR ACTION MUST ACCOMPANY HIS RESPECT TO A VOUCHER IN QUESTION. SEE 21 COMP. GEN. 1128; 26 ID. 797 (AT PAGE 799). HOWEVER, IN VIEW OF YOUR STATEMENT TAHT THE VOUCHER IS BEFORE YOU, AND IN ORDER TO AVOID DELAY IN THE MATTER, THE FORWARDING OF THE VOUCHER IN THIS INSTANCE WILL NOT BE INSISTED UPON.

SECTIONS 7 C AND D OF THE ACT OF SEPTEMBER 30, 1950, 64 STAT. 1090, PUBLIC LAW 873 PROVIDE:

IN ADDITION TO THE PERFORMANCE-RATING APPEAL PROVIDED IN SUBSECTION (A), ANY OFFICER OR EMPLOYEE WITH A CURRENT PERFORMANCE RATING OF LESS THAN SATISFACTORY, UPON WRITTEN APPEAL TO THE CHAIRMAN OF THE APPROPRIATE BOARD OF REVIEW ESTABLISHED UNDER SUBSECTION (B), SHALL BE ENTITLED, AS A MATTER OF RIGHT, TO A HEARING AND DECISION ON THE MERITS OF THE APPEALED RATING. IF AN OFFICER OR EMPLOYEE WITH A CURRENT PERFORMANCE RATING OF SATISFACTORY HAS NOT REQUESTED AND OBTAINED A REVIEW OF SUCH RATING AS PROVIDED IN SUBSECTION (A), SUCH OFFICER OR EMPLOYEE, UPON WRITTEN APPEAL TO THE CHAIRMAN OF THE APPROPRIATE BOARD OF REVIEW ESTABLISHED UNDER SUBSECTION (B), SHALL BE ENTITLED, AS A MATTER OF RIGHT TO A HEARING AND DECISION ON THE MERITS OF THE APPEALED RATING.

AT SUCH HEARING THE APPELANT, OR HIS DESIGNATED REPRESENTATIVE, AND REPRESENTATIVES OF THE DEPARTMENT SHALL BE AFFORDED AN OPPORTUNITY TO SUBMIT PERTINENT INFORMATION ORALLY OR IN WRITING, AND TO HEAR OR EXAMINE, AND REPLY TO, INFORMATION SUBMITTED BY OTHERS. AFTER SUCH HEARING, THE BOARD OF REVIEW SHALL CONFIRM THE APPEALED RATING OR MAKE SUCH CHANGE AS IT DEEMS PROPER. ( ITALICS SUPPLIED.)

AS THE ABOVE QUOTED STATUTE CONFERS UPON THE EMPLOYEE A RIGHT TO AN ORAL HEARING ON HIS APPEAL CONCERNING HIS EFFICIENCY RATING, ANY TRAVEL REQUIRED TO ATTEND SUCH A HEARING MUST BE CONSIDERED OFFICIAL BUSINESS AND THE EXPENSES SO INCURRED ARE REIMBURSABLE TO THE EXTENT AUTHORIZED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. SEE 21 COMP. GEN. 382. OTHERWISE PROPER, THE TRAVEL VOUCHER IN QUESTION MAY BE CERTIFIED FOR PAYMENT.