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United States |
Rule 501: Scope Rule 502: Request for decision (a) Request for decision (b) Notice of docketing (c) Service of copy Rule 503: Additional submissions Rule 504: Proceedings (a) Requests for additional time (b) Conferences (c) Additional submissions Rule 505: Decisions Rule 506: Reconsideration of Board decision |
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DECISIONS AUTHORIZED
UNDER 31 U.S.C. 3529
SCOPE
These procedures govern the Board’s
issuance of decisions, upon the request of an agency
disbursing or certifying official, or agency head, on
questions involving payment of travel or relocation
expenses that were formerly issued by the Comptroller
General under 31 U.S.C. 3529.
Section 204 of the General
Accounting Office Act of 1996, Pub. L. 104-316,
transfers the authority to issue these decisions to the
Director of the Office of Management and Budget, and
authorizes the Director to delegate the authority to
perform that function to another agency or agencies.
The Director has delegated the
authority to issue these decisions to the Administrator
of General Services, who has redelegated that function
to the Civilian Board of Contract Appeals.
REQUEST FOR DECISION
(a)
Request for decision.
(1)
A disbursing or certifying official
of an agency, or the head of an agency, may request from
the Board a decision (referred to as a “Section 3529
decision”) on a question involving a payment the
disbursing official or head of agency will make, or a
voucher presented to a certifying official for
certification, which concerns the following type of
claim made against the United States by a federal
civilian employee:
(i)
A claim for reimbursement of expenses
incurred while on official temporary duty travel; and
(ii)
A claim for reimbursement of expenses
incurred in connection with relocation to a new duty station.
(2)
A request for a Section 3529 decision
shall be in writing; no particular form is required.
The request must refer to a specific
payment or voucher; it may not seek general legal advice.
The request should—
(i)
Explain why the official is seeking a
Section 3529 decision, rather than taking action on his or her own
regarding the matter;
(ii)
State the question presented and include
citations to applicable statutes, regulations, and cases;
(iii)
Include—
(A)
The name, address, telephone number,
facsimile machine number, and email address, if available, of the official making the
request;
(B)
The name, address, telephone number,
facsimile number, and email address, if available, of the employee affected by the
specific payment or voucher; and
(C)
Any other information which the official
believes the Board should consider; and
(iv)
Be delivered to the Office of the Clerk
of the Board.
The Board’s mailing address is:
1800 F Street, NW, Washington, DC 20405.
The Board is located at:
1800 M Street, NW, 6th Floor,
Washington, DC 20036.
The Clerk’s telephone number is:
(202) 606-8800.
The Clerk’s facsimile machine number is:
(202) 606-0019.
The Clerk’s email address for receipt of
filings is: cbca.efile@cbca.gov. The Board’s working hours are 8:00 a.m. to 4:30
p.m., Eastern Time, on each day other than a Saturday, Sunday, or
federal holiday.
(b)
Notice of docketing.
A request for a Section 3529 decision
will be docketed by the Office of the Clerk of the
Board.
A written notice of docketing will be
sent promptly to the official and the affected employee.
The notice of docketing will identify
the judge to whom the request has been assigned.
(c)
Service of copy.
The official submitting a request for a
Section 3529 decision shall send to the affected
employee copies of all material provided to the Board.
All submissions to the Board shall
indicate that a copy has been provided to the affected
employee.
ADDITIONAL SUBMISSIONS
If the affected employee wishes to
submit any additional information to the Board, he or
she must submit such information within 30 calendar days
after receiving the copy of the request for decision and
supporting material (or within 60 calendar days after
receiving the copy, if the affected employee is located
outside the 50 states and the District of Columbia).
To expedite proceedings, if the employee
does not wish to make an additional submission, the
employee should so notify the Board and the agency.
PROCEEDINGS
(a)
Requests for additional time.
The agency or the affected employee may
request additional time to make any filing.
(b)
Conferences.
The judge will not engage in ex
parte
communications involving the underlying facts or merits
of the request.
The judge may hold a conference
with the agency and the affected employee, at any time,
for any purpose.
The judge may provide the
participants a memorandum reflecting the results of a
conference.
(c)
Additional submissions.
The
judge may require the submission of additional information at any time.
DECISIONS The judge will issue a written decision based upon the record, which includes submissions by the agency and the affected employee, and information provided during conferences. The agency and the affected employee will each be furnished a copy of the decision by the Office of the Clerk of the Board. In addition, all Board decisions are posted weekly on the Internet. The Board’s Internet address is: www.cbca.gov.
RECONSIDERATION OF BOARD
DECISION A request for reconsideration may be made by the agency or the affected employee. Such requests must be received by the Board within 30 calendar days after the date the decision was issued (or within 60 calendar days after the date the decision was issued, if the agency or the affected employee making the request is located outside the 50 states and the District of Columbia). The request for reconsideration should state the reasons why the Board should consider the request. Mere disagreement with a decision or re-argument of points already made is not a sufficient ground for seeking reconsideration. |