OPINION ISSUED MAY 13, 1988

JAMES GERL
VS.
HUMAN RIGHTS COMMISSION

(CC-88-103)

No appearance by claimant.
Robert D. Pollitt, Senior Assistant Attorney General, for respondent.

GRACEY, JUDGE:

This claim was submitted for decision based upon the allegations in the
Notice of Claim and
respondent's Answer.

Claimant seeks $522.78 for travel expenses incurred when he served as a
hearing examiner
for respondent State agency. The respondent admits the validity and
amount of the claim and
states that there were sufficient funds in respondent's budget for the
appropriate fiscal year with
which the claim could have been paid; however, the respondent was unable
to make payment as
the State Auditor returned the transmittal to the respondent with the
explanation that the
Treasury of the State of West Virginia lacked sufficient funds to
process the transmittal.

The Court has reviewed the petition and the Answer and finds the State
agency had sufficient
funds within its appropriated budget to pay the claim and for this
reason, the claimant is entitled
to an award from the respondent.

In view of the foregoing, the Court makes an award in the amount of
$522.78.

Award of $522.78.