D.C. Mun. Regs. tit. 6, r. 6-B2902

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B2902 - WAIVER OF CLAIMS

2902.1

The Mayor may waive in whole or in part any claim of the government in any amount arising out of erroneous payment to or on behalf of an employee whenever both of the following are true:

(a) Written application for waiver is received by the Mayor within one (1) year following the date on which the erroneous payment was disclosed to the employee; and

(b) Collection of the claim would be against equity and good conscience and, therefore, not in the best interests of the government.

2902.2

A determination that collection of the claim would be against equity and good conscience, and therefore not in the best interests of the government, will generally be supported by a finding that all of the following are true:

(a) The erroneous payment occurred through administrative error;

(b) There is no indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee, or any other person having an interest in obtaining a waiver of the claim; and

(c) Where the employee failed to bring the erroneous payment to the attention of appropriate officials, the circumstances surrounding the erroneous payment were not such as would cause a reasonable person to believe that an error had occurred.

2902.3

An application for waiver shall be referred by the Mayor to the agency that authorized the erroneous payment, and the head of that agency shall investigate the erroneous payment and submit his or her report of investigation to the Mayor, which report shall include, at a minimum, all of the following:

(a) The aggregate amount of the erroneous payment, supported by citation to the pay records, vouchers, or other documents on the basis of which the erroneous payment occurred;

(b) The circumstances under which the erroneous payment occurred and the date on which it was discovered;

(c) Whether there is any indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining the waiver;

(d) A signed statement by the employee as to his or her knowledge of the erroneous payment; and

(e) A recommendation as to whether or not the waiver should be granted.

2902.4

Upon receipt of the report of investigation pursuant to § 2902.3, the Mayor shall issue a written decision to the employee and the agency involved, including justification therefor, either:

(a) Granting the waiver, in whole or in part; or

(b) Denying the waiver.

2902.5

Any amounts of an erroneous payment which have been collected from any employee or former employee prior to a waiver of the claim, shall be refunded to the employee or former employee, to the extent of the waiver, by the Director, and charged to the appropriation from which the erroneous payment was made.

2902.6

The report of investigation, the written decision, and other pertinent information, shall constitute the record in each case, and shall be retained by the Mayor for three (3) years following the date of the written decision.

2902.7

The decision of the Mayor to deny the waiver, in whole or in part, shall be the final administrative decision, which is not subject to further administrative appeal.

2902.8

In the audit and settlement of the accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the government has been waived under this chapter.

2902.9

An erroneous payment, the collection of which has been waived under this chapter, shall be deemed a valid payment for all purposes.

2902.10

Nothing contained in this chapter shall be construed to affect in any way the authority under any other law or regulation to litigate, settle, compromise, or waive any claim of the government.

D.C. Mun. Regs. tit. 6, r. 6-B2902

As amended by emergency rulemaking published at 46 DCR 4771 (May 28, 1999) [EXPIRED], as amended by emergency rulemaking published at 46 DCR 10121 (August 4, 1999) [EXPIRED], as amended by Final Rulemaking published at 47 DCR 2446 (April 7, 2000); as amended by emergency rulemaking published at 47 DCR 2484 (April 7, 2000) [EXPIRED]