United States Department of Agriculture
Research, Education, and Economics
ARS * CSREES * ERS * NASS
Policies and Procedures
Title: | Requesting Written Legal Opinions from OGC |
Number: | 123.7 |
Date: | 9/9/93 |
Originating Office: | Information Systems and Technology Division, Information Resources Mgmt & Training Branch |
This Replaces: | 123.7 Dated 11/25/85 |
Distribution: | Headquarters, Areas, and Location |
This DIRECTIVE states the ARS policy and outlines procedures for requesting a written legal opinion from OGC. |
It is ARS policy to send each request for a written legal opinion from OGC to the DAAM
for signature. However, ARS encourages employees to consult informally with OGC attorneys
when necessary to conduct official business and for purposes of determining whether a
request for a written legal opinion is necessary and appropriate.
Deputy Administrator, Administrative Management will review and approve each request and forward to OGC as appropriate.
Headquarters, Divisions, and Staffs will review each request for OGC legal
opinions and provide a recommendation to the DAAM.
This DIRECTIVE applies only to requests for written legal opinions. These opinions would normally be needed as advice for Agency decision making.
This DIRECTIVE does not apply to requests for OGC review or handling of administrative
matters requiring review by regulation or statute. Examples of such matters include
mistake-in-bid cases; tort claims; debt collection; permits (revocable and easements);
patent applications; real property acquisitions/leases; environmental issues; Freedom of
Information requests (FOIA); Privacy Act (PA) Actions; Federal Register documents; and
legal clearance required for Cooperative Agreements, Memoranda of Understanding, and
contracts.
Requester: Prepare a memorandum for the DAAM's signature requesting a written legal opinion. The requester explains the circumstances and facts of the situation. Requester should provide appropriate background documents. Identify an individual who may be contacted by OGC for additional information.
Area or Headquarters: Review and send request to the appropriate Headquarters Division or Staff Subject Specialist for review and recommendation.
Headquarters Division or Staff Subject Specialist: Review and make recommendation to Division or Staff Director
Headquarters Division or Staff Director: Recommend approval/disapproval and
forward request to DAAM.
DAAM:
JANE L. GILES
Deputy Administrator
Administrative Management