Lapas attēli
PDF
ePub

1.18 Reference of cases for report and audit. When the above types of cases are received in the office of the Administrator, which have not come to the attention of the assistant administrators, or the solicitor, or the executive assistant to the Administrator, or the chairman, board of veterans appeals primarily concerned with the question involved, they will be referred to the proper official for attention or report and recommendation. If the matter is merely referred for attention, it will be handled by the official to whom referred as an administrative problem, unless he desires a special audit, investigation, or inspection to be made, in which event he will make such recommendation to the Administrator. If the matter is referred for report and recommendation, the Administrator will determine whether a special audit, investigation, or inspection is in order. This will not be construed as modifying in any way the regulations, instructions, or recognized procedure with reference to the examination of cases by field examiners of the Veterans' Administration, except as specifically provided in § 1.17 (a)–(d).*†

1.20 Authority for travel and stenographic services. Managers of Veterans' Administration regional offices, or facilities, will furnish stenographic and such other services as may be requested by central office investigators and at the time and points desired, within or without their respective territories, this order being cited as the authority for such action. Travel orders issued under this authority should be encumbered against station allotment and if necessary, request should be made immediately upon the budget officer and chief of statistics for funds to compensate station budget.*+

CROSS REFERENCE: For regulations of the General Accounting Office relating to transportation, see 4 CFR Part 7.

1.21 Confidential nature of testimony. All testimony given an investigator is confidential and for the use of the Administrator in the improvement of the service. In order that investigations may not interrupt the normal functions of a station, all employees are instructed to refrain from discussing investigations during their progress or after their completion. Particularly will those employees called upon to testify refrain from discussing their testimony either before or after testifying, except such discussion with an investigator as such investigator considers necessary.*t

1.22 Witnesses furnished copy of testimony. Witnesses furnishing testimony in connection with investigations may be furnished a copy of their testimony when request for same is made upon the completion of the examination.*t

1.80 Delegations of authority to Veterans' Administration personnel. (a) Employees who are assigned duties which may be determined as necessitating delegated authority will be given such authority in writing through the medium of appropriate numerical series of authorization orders before being permitted to perform such duties. Any employee receiving delegated power to act, will be without authority to have any other person perform any of the duties under his delegation of authority or to sign for him, any paper

Page 4

**For statutory and source citations, see note to § 1.6.

covered under such authority. The Administrator will sign all delegations of authority to individuals, which, under the provisions of the Acts governing the Veterans' Administration, require that specific legal authority to perform such duties be directly delegated by the Administrator. The Administrator will also sign such other authorities as he may determine necessary. All delegations of authority, not requiring direct authority from the Administrator, will be signed either by the solicitor or by the assistant administrator concerned.

(b) When it is necessary to amend the authority already delegated to an employee, the amendment will be made by the issuance of a new authorization order which will be prepared to contain a statement of the complete authority delegated to him and will cancel the old order so that no employee will have more than one authorization order of the same series in effect at any one time. Upon receipt of the new order, the employee will immediately return his old order for cancelation. Each employee will have available a copy of his delegated authority and a copy will be placed in his personnel file.

(c) When an employee to whom an authorization order has been issued leaves the service, is transferred from one station to another, or his duties are modified so as to make unnecessary the authority, his delegated authority is thereupon terminated and his authorization order will be returned for cancelation. Termination of delegated authority will be through the medium of an appropriate cancelation order in the same series and will bear the same number as the original authorization order with the added letter "A." The Administrator will sign all cancelation orders of the Administrator's authorization order series. All other series of cancelation orders will be signed by the solicitor or assistant administrator for the employees under their charge. Each office or service will maintain a complete set of copies of the active authorization orders and cancelation orders issued to employees under its charge.

(d) All authorization and cancelation orders referred to in §§ 1.80– 1.86, after being signed, will be sent to the regulations and procedure division for photostating, appropriate distribution in central office, and the maintenance of the file of original orders. The director of finance will forward copies to other Government agencies when necessary.

(e) Any employee, who is performing duties under a delegation of authority which may have been issued by memorandum, letter, or otherwise, but which should be and is not a part of any of the numerical authorization order series, will be reissued a delegation of authority covering such duties under the proper authorization order series. On and after June 30, 1937, all delegations of authority of the kind referred to herein, issued to employees of central office at any time, which are not within one of the numerical series of authorization orders, will be null and void.*†

1.82 Delegation of authority to central office personnel-(a) Delegations of authority to employees. All delegations of authority to employees of central office will be made a part of an authoriza

**For statutory and source citations, see note to § 1.6.

Page 5

tion order series either of the Administrator, the solicitor, any assistant administrator, or of one of the several services, as may be applicable. All orders in the various series will be prepared naming the employee, the title of his position and his organizational assignment, and specifying exactly the authority thereby delegated to him, and will be signed in the manner specified herein. Authorization orders will be issued in numerical sequence within the series applicable to the organizational assignment of the employee and in the manner specified herein. Once a delegation of authority has been issued to an employee, it will remain in effect only so long as the employee's duties require performance under the authority, or until it is superseded by an amended order or is canceled.

(b) Authorization order series of the Administrator. Delegations of authority in the "Administrator's Authorization Order" series will be issued to the assistant administrators; to the solicitor; to the chairman, Board of Veterans' Appeals; to the executive assistant to the administrator; to the employees under the chairman, Board of Veterans' Appeals; to the employees under the executive assistant; and to such other employees as may be especially determined. All such authorization orders and cancelation orders will be signed by the Administrator. For employees under the chairman, Board of Veterans' Appeals, or under the executive assistant, the orders will be signed as being recommended by the officer concerned before submission to the Administrator for approval and signature.

(c) Authorization order series of the solicitor, of the assistant administrators, and of the services. Delegations of authority in these series will be issued to employees under the solicitor, the assistant administrator concerned, or the service concerned, as applicable. If it is necessary that the authority be delegated to any of these employees by the Administrator as provided in § 1.80 (a), the order will be signed as being recommended by the solicitor or by the assistant administrator concerned before submission to the Administrator for approval and signature. If it is not necessary that the authority be delegated by the Administrator, the order will be signed by the solicitor for his employees and for employees in a service by the director of such service as being recommended by him before submission to the assistant administrator for approval and signature. All cancelation orders in the respective series will be signed by the solicitor or by the assistant administrator upon recommendation of the director of service for their respective series.*†

1.84 Delegation of authority to employees to issue subpenas, etc. (a) Managers of regional offices and facilities having regional office activities, and such other employees to whom such authority is delegated by the Administrator, shall have the power to issue subpenas for (by countersigning Form 4003 revised), and compel the attendance of witnesses within a radius of 100 miles from the place of hearing and to require the production of books, papers, documents and other evidence.

(b) Any person required by such subpena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the District Courts of the United States. In case of

Page 6

*For statutory and source citations, see note to § 1.6.

disobedience to any such subpena, the aid of any District Court of the United States or the District Court of the United States in and for the District of Columbia may be invoked in requiring the attendance and testimony of witnesses and the production of documentary evidence, and such court within the jurisdiction of which the inquiry is carried on may, in case of contumacy or refusal to obey a subpena issued to any officer, agent, or employee of any corporation or to any other person, issue an order requiring such corporation or other person to appear or to give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(c) Recommendations for the delegation of authority to an employee to issue subpenas shall be made to the Administrator and such authority will be granted through "Administrator's Authorization Orders".

(d) Discretion will be used in the exercise of this power which will not be used except when necessary or when the evidence can not be obtained efficiently in any other way.**

1.86 Delegation of authority to employees in central office and the field to make findings of fact, etc. (a) Employees in the field by virtue of the authority delegated to them by the Administrator will have the power to make findings of fact, determinations of existing law, Veterans' Administration regulations and precedents established thereunder as applicable to pension and compensation cases, and to make decisions as to the rights of claimants to benefits and awards under the laws relating to the Veterans' Administration. (b) Recommendations for the delegation of authority to a field employee to make such findings of fact, etc., will be made through the manager to the assistant administrator, compensation and pensions, who will cause to be prepared an appropriate authorization order with recommendation thereon, over his signature for approval by the Administrator. This delegated authority will be made through the medium of a numerical series of orders known as "Pension Field Authorization Orders." When an employee is relieved of the duties requiring the delegated authority, the manager will immediately return his authorization order to the assistant administrator, compensation and pensions. The assistant administrator thereupon will issue a cancelation order over his own signature, sending the original copy to the regulations and procedure division for photostating and distribution in central office.

(c) Delegations of authority to employees in central office to make findings of fact, etc., will be in accordance with § 1.82 (a), (c).*† 1.300 Recognition of organizations, associations, and other agencies in the presentation and adjudication of claims for benefits. The American Red Cross, American Legion, Disabled American Veterans, Grand Army of the Republic, United Spanish War Veterans, Veterans of Foreign Wars, and such other organizations as the Administrator of Veterans' Affairs shall approve, may be recognized in the presentation of claims under the laws administered by the Veterans' Administration when the proper officers make application for recognition on the form prescribed and furnished by the **For statutory and source citations, see note to § 1.6.

Page 7

Veterans' Administration and as a part of such application agree and certify that neither the organization nor its representatives will charge claimants any fee or compensation of whatsoever nature for their services. In requesting recognition, organizations shall submit a copy of their constitution or charter and by-laws, together with an authentic written statement setting forth the purpose, the work and membership of the organization, and the manner in which ex-service men and/or their dependents would be benefited by such recogni tion.** (Sec. 200, 49 Stat. 2031; 38 U.S.C., Sup., 101)

CROSS REFERENCE: For authorization of the Administration of Veterans Affairs to recognize representatives of organizations, see § 35.10 (p).

1.301 Lists of representatives to be filed. Recognized organizations shall file with the Administrator of Veterans' Affairs the names of the officers whom it desires recognized as accredited representatives thereof and the Veterans' Administration facility by which recognition is to be extended in the presentation of claims on the prescribed form furnished by the Veterans' Administration, and upon approval by the Administrator of Veterans' Affairs notice thereof shall be sent to such organization, to the individual to whom recognition has been extended and to the Veterans' Administration facility where such representative is authorized to render service to individual claimants, such recognition to continue until canceled by the Administrator of Veterans' Affairs, either in his discretion or at the request of the organization concerned.* (Sec. 200, 49 Stat. 2031; 38 U.S.C., Sup. 101)

CROSS REFERENCE: For regulations allowing inspection of records by recognized representatives of organizations recognized by the Administrator of Veterans' Affairs, see § 1.320.

1.302 Power of attorney in individual claims. Before an organization may be recognized in an individual claim there must be filed a power of attorney duly executed by the claimant specifically conferring upon the organization the authority to represent the claimant in the presentation of his claim and to receive any information in connection therewith on the form prescribed and furnished by the Veterans' Administration, which power of attorney shall be presented to the Veterans' Administration facility concerned, to be filed in the claimant's folder. The power of attorney must be signed by the claimant, or if claimant be under guardianship, by the guardian.

Upon receipt and approval of the power of attorney, the organization named therein shall be recognized as the sole agency for the presentation of the claim covered thereby, and no other organization or agent or attorney shall be recognized in the presentation of that claim or any phase thereof. The power of attorney given by the claimant may be revoked by him at any time and a subsequent power of attorney substituted, designating another organization, agent or attorney; a subsequently executive power of attorney shall constitute a revocation of any existing power of attorney.** (Sec. 200, 49 Stat. 2031; 38 U.S.C., Sup. 101)

CROSS REFERENCE: For requirement of the filing of a power of attorney in each claim, see § 35.10 (p).

Page 8

**For statutory and source citations, see note to § 1.6.

« iepriekšējāTurpināt »