B-129469, NOV. 26, 1956
Highlights
TO ART INSTITUTE OF PITTSBURGH: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4. IN YOUR LETTER YOU REFER TO THE CORRESPONDENCE AND CONFERENCES YOU HAVE HAD WITH OFFICIALS OF THE VETERANS ADMINISTRATION CONCERNING THIS MATTER AND TO THE RESULTING DELAY IN OBTAINING A FINAL DETERMINATION. THE EVIDENCE AND DATA REQUIRED TO SUPPORT THE CONTENTIONS ON WHICH YOUR REQUEST FOR REVIEW WAS APPARENTLY BASED WERE NOT FURNISHED WITH YOUR LETTER. CONSIDERATION OF THE MATTER WAS THEREFORE IN ABEYANCE PENDING RECEIPT OF THE NECESSARY EVIDENCE FROM THE ADMINISTRATIVE OFFICE. WITH RESPECT TO THE DELAY WHICH YOU HAVE EXPERIENCED. MANIFESTLY THIS IS ATTRIBUTABLE PRIMARILY TO YOUR FAILURE TO PRESENT YOUR REQUEST FOR REVIEW TO OUR OFFICE IN ACCORDANCE WITH THE APPLICABLE REGULATIONS APPEARING IN THE FEDERAL REGISTER CITED IN YOUR LETTER.
B-129469, NOV. 26, 1956
TO ART INSTITUTE OF PITTSBURGH:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 4, 1956, IN WHICH YOU REQUEST THAT WE REVIEW A SETTLEMENT BY OUR OFFICE DATED SEPTEMBER 28, 1953, WHICH DISALLOWED YOUR CLAIM IN THE SUM OF $11,839.09, REPRESENTING RECLAIMS OF OVERPAYMENTS THERETOFORE ADMINISTRATIVELY DETERMINED AND RECOVERED DUE TO EXCESSIVE ABSENCES OF VETERANS ENROLLED IN YOUR INSTITUTION UNDER EDUCATIONAL AND VOCATIONAL PROGRAMS ADMINISTERED BY THE VETERANS ADMINISTRATION.
IN YOUR LETTER YOU REFER TO THE CORRESPONDENCE AND CONFERENCES YOU HAVE HAD WITH OFFICIALS OF THE VETERANS ADMINISTRATION CONCERNING THIS MATTER AND TO THE RESULTING DELAY IN OBTAINING A FINAL DETERMINATION. HOWEVER, THE EVIDENCE AND DATA REQUIRED TO SUPPORT THE CONTENTIONS ON WHICH YOUR REQUEST FOR REVIEW WAS APPARENTLY BASED WERE NOT FURNISHED WITH YOUR LETTER, NOR HAD IT BEEN OTHERWISE MADE AVAILABLE HERE. CONSIDERATION OF THE MATTER WAS THEREFORE IN ABEYANCE PENDING RECEIPT OF THE NECESSARY EVIDENCE FROM THE ADMINISTRATIVE OFFICE.
WITH RESPECT TO THE DELAY WHICH YOU HAVE EXPERIENCED, MANIFESTLY THIS IS ATTRIBUTABLE PRIMARILY TO YOUR FAILURE TO PRESENT YOUR REQUEST FOR REVIEW TO OUR OFFICE IN ACCORDANCE WITH THE APPLICABLE REGULATIONS APPEARING IN THE FEDERAL REGISTER CITED IN YOUR LETTER. IN THIS CONNECTION, IT IS WELL ESTABLISHED THAT THE PUBLICATION OF RULES AND REGULATIONS IN THE FEDERAL REGISTER CONSTITUTES LEGAL NOTICE OF THEIR CONTENTS. SEE FEDERAL CROP INSURANCE CORPORATION V. MERRILL, 332 U.S. 380, DECIDED BY THE SUPREME COURT OF THE UNITED STATES NOVEMBER 10, 1947.
BASED UPON A CAREFUL CONSIDERATION AND REVIEW OF YOUR CLAIM IN THE LIGHT OF THE ADDITIONAL FACTS AND CIRCUMSTANCES NOW OF RECORD, IT HAS BEEN DETERMINED THAT THE SUM OF $4,506.62 MAY BE ALLOWED, AS ADMINISTRATIVELY RECOMMENDED. PAYMENT OF THIS AMOUNT WILL BE MADE IN DUE COURSE IN FULL AND FINAL SETTLEMENT.