Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- Return to Table of Contents 141 I. Concluding the Investigation
| Proximate Cause. The cause which, in a natural and continuous sequence, unbroken by anew cause, produces the loss or damage, and without which the loss or damage would not have occurred. Foreseeable consequences do not require actual knowledge of actual results. You do not need to foresee the particular loss or damage that occurs, but you must foresee that some loss or damage may occur. Examples of proximate cause are the following Soldier driving a vehicle fails to stop at a stop sign and strikes another vehicle after failing to look. Proximate cause is the Soldier’s failure to stop and look. Soldier A illegally parks his vehicle in a no parking zone. Soldier B backs into A’s vehicle. B did not check for obstructions to the rear of his vehicle. A’s misconduct is not the proximate cause of the damage. Instead, B’s negligent driving is the proximate cause. Independent intervening cause is an act which interrupts the original flow of events or consequences of the original negligence. It may include an act of God, criminal misconduct, or negligence. Return to Table of Contents 141 I. Concluding the Investigation Liability not recommended by the financial liability officer. (Para. 13-33) If financial liability is not recommended, the investigation is forwarded through the appointing authority, if any, to the approving authority for action. But keep in mind that negative findings—that no one should be liable—must also be supported by evidence. If the approving authority concurs and does not assess liability, the investigation is com- plete. If the approving authority does not concur and decides to assess liability, the individual against whom liability will be imposed (respondent) must be given notice and an opportunity to rebut the decision (same procedure as if the financial liability officer initially recommended liability). Liability recommended by the financial liability officer. (Para. 13-34 & 13-35) If financial liability is recommended against an individual, the individual is referred to as the respondent. Respondents have certain rights. The financial liability officer will notify the respondent by memorandum of the proposed recommendation of financial responsibility. The notification includes The right to inspect and copy the report of investigation. A copy of the investigation is normally sent with the notification The right to obtain free legal advice (military and DA civilians The right to submit a statement and other evidence in rebuttal to the recommendation. Time limits for submitting rebuttal evidence to the financial liability officer areas follows • 7 calendar days when investigation is hand delivered to the respondent • 15 calendar days when respondent is unavailable but in the same country and the investigation is mailed or emailed • 30 calendar days when respondent is unavailable and in a different country and the investigation is mailed or e-mailed. The financial liability officer must consider the respondent’s rebuttal. Regardless of whether the financial liability officer changes the recommendation, the investigation is forwarded through the appointing authority, if any, to the approving authority for decision. The approving authority is not bound by the recommendation of the financial liability officer. The approving authority may decide not to impose liability or to impose liability. Note: If financial liability officer recommended no liability and therefore did not provide the individual with notice and opportunity to rebut, the approving authority must do so before he can assess liability. When the approving authority decides to impose liability, the approval authority must notify the respondent of that collection efforts will commence in 30 days (NOTE ARNG affords 60 days. In the memorandum the approval authority must also notify the respondent of the following rights: Download 4.49 Mb. Share with your friends:
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