« iepriekšējāTurpināt »
PART 2-REVISION, REOPENING, REVIEW OF
Section 2.1 Applications for review; time; requirements. (a) Settlements made after July 1, 1921, will be reviewed, in the discretion of the Comptroller General, upon the written application of
(1) A claimant whose claim has been settled.
(3) The head of the department or Government establishment to which the claim or account relates.
(4) Upon the motion of the Comptroller General.
(b) Applications for review should state the error or incorrectness of the settlement. An application in general terms will not be sufficient ordinarily to induce the discretion to review, and particularly not where claimant is represented by attorney or agent.
The following shall be necessary unless otherwise directed by the Comptroller General on the presentation of proper facts in the par. ticular case:
(1) Applications for review must be received in the General Ac. counting Office within one year from the date of the settlement to be reviewed.
(2) The warrant or check issued upon a settlement must not be cashed where its amount includes any item as to which review is applied for, but should accompany the application for review. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49,52 (f)) [Sec. 4, Circ. 2, Aug. 23, 1921] PART 3-SAFEGUARDING ACCOUNTS, RECORDS, INFOR:
MATION, AND FURNISHING COPIES
Sec. 3.1 Withdrawal, or removal, of docu- 3.3 Furnishing of copies of records, ments, etc.
documents, etc. 3.2 Access to files, and examination of
Section 3.1 Withdrawal, or removal, of documents, etc. Hereafter, no account, voucher, document, or paper of any kind forming a part of the records of the General Accounting Office, except certificates of discharge from the Army, Navy, or Marine Corps, shall be withdrawn or removed from the possession of the General Accounting Office, by return or surrender to the submitting office, officer, or individual, or otherwise, or in any manner be permitted to be removed from the custody of the officer or employee entrusted therewith, except upon the written authority of the Comptroller General or as otherwise provided.
All warrants, checks, money orders, vouchers and other official documents and papers pertaining to or forming a part of any claim or account settled or in the process of settlement by the General Accounting Office, shall be deemed a part of the accounts required by law to be preserved and may not be removed from the custody of
the Comptroller General or his representatives except upon the written authority of the Comptroller General given in particular cases or as otherwise provided. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [Sec. 1, Regs. 24, Apr. 11, 1923, sec. 1, Regs. 38, Nov. 15, 1924)
3.2 Access to files, and examination of records, etc. No persons other than officials and employees of the General Accounting Office and others authorized by law, in the regular discharge of their duties, shall be allowed access to the files, records, accounts, claims, documents, or other papers of the General Accounting Office without the previous written authority of the Comptroller General, except that claimants and accountable officers, or their duly authorized attorneys or legal representatives may be permitted to examine their particular claims or accounts, upon a satisfactory showing as to the reasons therefor and under proper supervision, but no alterations, erasures, withdrawals, etc., of records and papers shall be permitted. Any additional papers, etc., which may be regarded as necessary to explain, supplement, or correct the records may be presented and filed. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [Sec. 2, Regs. 24, Apr. 11, 1923]
3.3 Furnishing of copies of records, documents, etc. Copies of records, accounts, vouchers, documents, or other papers on file in the General Accounting Office will be furnished only upon the submission of a written statement, addressed to the Comptroller General, satisfactorily showing the purpose and necessity therefor; and where such copies are desired by or on behalf of parties to a suit, whether in a court of the United States or any other court, such copies shall be furnished to the court only upon a rule on the Comptroller General requesting such copies. Exceptions hereto may be made only on the written order of the Comptroller General.
Whenever copies of documents will serve the required purpose and it is practicable to furnish same the originals thereof will not be removed from the General Accounting Office. If the desired document is of a formal nature and is the only record thereof in existence and the expense of copying will not exceed $.50, a copy will be furnished in lieu of the original. If the documents desired are informal and copies can be made at a total cost not exceeding $.25, such copies will be furnished in lieu of the originals. Copies of originals will not be made in any case where duplicates or copies are otherwise available. Copies will not be furnished except to serve a public need or when necessary to the private interests of the official or individual immediately concerned as party to the official transaction represented thereby. In every case in which copies or original documents are desired the necessity therefor must fully appear, from which will be determined whether the request merits favorable consideration.
Certified copies of the records of the General Accounting Office will be furnished as authorized by law when the necessity therefor appears, such copies being competent evidence equally with the originals. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [Sec. 3, Regs. 24, Apr. 11, 1923, secs. 2, 8, Regs. 38, Nov. 15, 1924) ]
PART 4DOUBTFUL ACCOUNTS AND CLAIMS
Section 4.1 Doubtful accounts and claims; transmission to the General Accounting Office; notification to claimants. No payment involving a doubtful question of law or fact shall be hereafter made by any disbursing officer or agent of the United States except pursuant to specific statutory authority or by direction given in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 20), to which reference must appear on the voucher covering such payment, and all such doubtful accounts or claims should be promptly transmitted or returned to the General Accounting Office complete with all material papers, administrative report in detail with recommendations, and quoting official title of available appropriation or fund, for direct settlement. Claimants should be briefly informed of such transmittal to the General Accounting Office, where jurisdiction is exclusive unless and until presented to a court of competent jurisdiction or to the Congress, and there should be no further administrative action other than such supplemental reports to the General Accounting Office as conditions may warrant as it may tend to complicate matters rather than aid the expediting of final action. Claims will not be considered unless presented in writing over the bona fide signature and address of the claimant and only the claimant will be recognized therein except pursuant to his duly executed power of attorney. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f) [Sec. 1, Regs. 50, Apr. 21, 1926)
PART 5 APPLICATIONS FOR SETTLEMENT FOR
DECEASED OR INCOMPETENT PERSONS
5.1 Standard form of application. 5.2 Use of Standard Form 1055.
Section 5.1 Standard form of application. Applications for settlement by the General Accounting Office of claims covering amounts due deceased or incompetent creditors of the United States will be made as hereinafter provided on Standard Form 1055, which is
'Form of application.
Standard Form No. 1055
December 2, 1932 NOTICE.—Read carefully instructions on back before executing this application.
APPLICATION FOR PAYMENT OF AMOUNTS DUE DECEASED OR INCOMPETENT
CIVILIAN EMPLOYEES, OFFICERS, AND ENLISTED MEN IN THE MILITARY SERVICE, AND PUBLIC CREDITORS OF THE UNITED STATES Amounts due from the United States in excess of $500 (except certain United States Veterans Administration claims) may be paid only to the legally appointed executor or administrator of the estate of the decedent, or as may be ordered by the Court. In case of incompetency, all amounts due must be paid to the guardian or committee of the estate of the incompetent, or as may be ordered by the Court.
hereby prescribed for the purpose. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.Š.Č. 49, 52 (f)) [Sec. 1, Regs. 42, Supp. 1, Feb. 23, 1928]
88: COUNTY OF 1. I,
being duly sworn, say that I am residing at
city of (Street address) county of
and State of and that on the day of
personal domicile in and (Name of decedent or incompetent)
(His or her) was a resident of the city of
county of and State of
and on said date
(Died testate or died intestate or was declared incompetent) 2. That at the time of decease or incompetency
was (His or her)
(He or she) connected with the United States as follows:
(If civilian employee, active or retired, give name of department or establishment and bureau
or office ; if an officer or enlisted man, active, retired, or pensioned, in Army, give rank
and organization, or if in Navy or Marine Corps, give rank, vessel or station and serial
number; if public creditor, give connection) 3. That at the time of
decease or incompetency there remained due
(His or her) and unpaid to
from the United States the sum of
(Him or her) Dollars and
-), for the payment of which application is hereby made. 4. That at the time of
decease or incompetency there existed the
(His or her) following-described unpaid official checks and/or warrants, drawn to
(His or her) order as payee, and for the payment of which application is hereby made:
5.* That I am the legally appointed
of the estate (Executor, administrator, guardian, or committee) of decedent or incompetent, as appears from the certificate of the Court, county of
State of herewith, taken out in the interest of
(Give name, address, and relationship of interested relative or creditor)
or6.* That the decedent left no assets subject to administration, except the sum or sums above claimed to be due from the United States and
*In case of testacy, intestacy with administration of estate, or incompetency, fill out paragraphs 1, 2, 3, 4, 5, and 6 (j) when applicable, omitting remainder of paragraph 6 and the affidavit of corroborating witnesses.
In case of intestacy without administration of estate, fill out paragraphs 1, 2, 3, 4, and 6 (a-i) when applicable, and the affidavit of corroborating witnesses, omitting paragraph 5.
5.2 Use of Standard Form 1055. The claims to be applied for on the standard form embrace arrears of pay, etc., of deceased or incompetent civilian employees of the various departments and inde
(List other assets left by decedent and give approximate value)
that there has been no administration upon such estate and if this claim is paid no administration will be required, and that the answers to the following questions are true and correct to the best of my knowledge and belief : (a) What was your relationship to the intestate?
(State whether widow, husband, child, grandchild, father, mother, brother, or
sister of the whole or half blood, child of deceased brother or sister of the
whole or half blood, nephew, or niece) (b) Have the funeral expenses been paid ? (c) If so, by whom, and state amount? (d) Was payment made out of funds belonging to the estate of the intestate?
(e) If not, was payment made by you out of your own personal funds? (The receipted itemized bill of the undertaker must be attached hereto.)
(Back of Form No. 1055] (f) If the intestate left a surviving widow, husband, child or child of a deceased child, enter below the name of each and relationship to the intestate, together with the name of deceased child of the intestate who was the parent of surviving grandchildren.
NAME OF SURVIVOR
(g) If the intestate is survived by parents, enter below the name of each ; if one parent is deceased, so state; if the surviving father has abandoned the support of his family, so state.
NAME OF SURVIVOR
(h) If the intestate left a brother or sister of the whole or half blood, or child of a deceased brother or sister of the whole or half blood, enter below the name of each and relationship to the intestate, together with the name of deceased brother or sister of the intestate of the whole or half blood who was the parent of surviving nieces and nephews.
NAME OF SURVIVOR