OPINION ISSUED DECEMBER 7, 1988
DEPARTMENT OF CORRECTIONS
No appearance by claimant.
Janet F. Steele, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the allegations
Notice of Claim and
Claimant seeks $699.35 for supplies for copy machines provided
respondent State agency.
The respondent admits the validity and amount of the claim and
that there were sufficient
funds in respondent's budget for the appropriate fiscal year with
the claim could have been
paid; however, the respondent was not able to make payment as the
Auditor returned the
transmittal to the respondent with the explanation that the
the State of West Virginia
lacked sufficient funds to process the transmittal.
The Court has reviewed the petition and the answer and finds that
State agency had
sufficient funds within its appropriated budget to pay the claim,
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
Award of $699.35.