Download  

Department of the Interior

Effective Date: 3/12/84

Series: Financial Management

Part 336: Certifying Officers

Chapter 5: Relief of Certifying Officers

Originating Office: Office of Financial Management

5.1 Authority of the Comptroller General to Grant Relief. The Comptroller General may, under certain conditions, grant relief to certifying officers. The Comptroller General may restore or otherwise adjust the certifying officer=s account from appropriations currently available for the expense of the disbursing function (see 31 U.S.C. 3528 (1982) and 31 U.S.C. 3527 (1982)).

5.2 Conditions Under Which Relief Can Be Granted. A certifying officer is automatically liable the moment he/she makes an erroneous payment. Relief from liability can be requested when an erroneous payment from a fund cannot be recovered. It is generally granted unless the certifying officer was negligent, guilty of bad faith, or showed a lack of due care in performing his/her duties (see Comptroller General Decision B-16l457 dated August 14, 1974).

Discovery of erroneous payments made by certifying officers will be promptly reviewed. When it is determined that responsibility for the erroneous payment should not be placed on any employee or employees, including the certifying officer, the bureau/office will initiate action to seek relief for the certifying officer under existing law (see 31 U.S.C 3527 (1982)).

5.3 Where and How Requests for Relief Should Be Directed. Relief of certifying officers for erroneous payments up to $25.00 may be granted by the head of the Department or his designee (see 336 DM 3.3). To request relief for erroneous payments in excess of $25.00, bureaus/offices should forward a letter requesting relief to:

The 1etter must describe the circumstances and conditions causing the illegal, improper, or incorrect payment and have all pertinent correspondence attached. It should also state that the erroneous payment was not the result of bad faith or lack of due care on the part of the certifying officer.

5.4 Certifying Officer, Direct Appeal. Whenever the General Accounting Office (GAO) makes a determination under 31 U.S.C. 3527 or 3528 that results in the denial of relief for a certifying officer, the Department or the certifying officer may through appropriate administrative channels request GAO to review and reconsider the determination.

Requests for review and reconsideration should set forth the errors which the certifying officer believes have been made in the denial determination. The certifying officer has the burden of establishing, through the submission of credible evidence, that GAO=s original determination to deny relief either failed to consider certain evidence or to give it appropriate weight, or relied too heavily on other evidence in the record. Where the applicant succeeds in showing that an earlier denial determination was in error, GAO will reverse the earlier determination and grant relief upon reconsideration. Where the certifying officer fails to establish that the earlier denial was in error, GAO will affirm its earlier determination.

*

3/12/84 #3561

Replaces 3/12/84 #2557