32 CFR 282.5 - Responsibilities.

Regulations last checked for updates: Nov 22, 2024

Title 32 - National Defense last revised: Nov 18, 2024

View all text of Part 282 [§ 282.1 - § 282.5]

§ 282.5 - Responsibilities.

(a) The General Counsel of the Department of Defense (GC, DoD), or designee, shall:

(1) Upon the request of the Director, Defense Office of Hearings and Appeals (DOHA), consult on, or render legal opinions concerning, questions of law that arise in the course of the performance of the Director's responsibilities under paragraph (b) of this section.

(2) Render advance decisions under 31 U.S.C. 3529 and oversee the submission of requests for an advance decision arising from the activity of a DoD Component that are addressed to the Director of the Office of Personnel Management or the Administrator General Services in accordance with this part.

(b) The Director, Defense Office of Hearings and Appeals (DOHA), or designee, under the GC, DoD (as the Director, Defense Legal Services Agency), shall:

(1) Consider, and grant or deny, a request by the Secretary concerned under 31 U.S.C. 3702(e) to waive the time limit for submitting certain claims in accordance with 32 CFR part 281 and this part.

(2) Consider appeals from an initial determination, and affirm, modify, reverse, or remand the initial determination in accordance with 32 CFR part 281, this part, and relevant DoD Office of General Counsel opinions.

(1) Process claims under 31 U.S.C. 3702,10.S.C. 2575, 10 U.S.C. 2771,24.S.C. 420, 10 U.S.C. 4712,10.S.C. 9712, 37 U.S.C. 554,and.S.C. 714 in accordance with this part.

(2) Ensure that requests for an advance decision that originate in their organizations are prepared and submitted in accordance with this part.

(3) Pay claims as provided in a final action in accordance with this part.

(d) The Heads of the Non-DoD Components, or designees, shall:

(1) Process claims under 31 U.S.C. 3702,10.S.C. 2575, 10 U.S.C. 2771,or.S.C. 554 in accordance with this part.

(2) Ensure that requests for an advance decision that originate in their organizations are prepared and submitted in accordance with this part.

(3) Pay claims as provided in a final action in accordance with this part.

authority: 5 U.S.C. 552; 10 U.S.C. 2575; 10 U.S.C. 2771; 10 U.S.C. 4712; 10 U.S.C. 9712; 24 U.S.C. 420; 31 U.S.C. 3529; 31 U.S.C. 3702; 32 U.S.C. 714; and 37 U.S.C. 554.

source: 69 FR 38843, June 29, 2004, unless otherwise noted.

cite as: 32 CFR 282.5