OPINION ISSUED DECEMBER 8, 1987

SECRETARY OF STATE
VS.
DEPARTMENT OF EDUCATION

(CC-87-432)

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

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

Claimant seeks $43.10 for copies of Level IV decisions from the West
Virginia Education
Employees Grievance Board which were furnished by the Administrative Law
Division of the
Secretary of State. The invoice for the copies has not been paid. 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
intra-governmental
transmittal to the respondent with the explanation that the Treasury of
the State of West Virginia
lacks sufficient funds to process the transmittal.

The Court has review the petition and 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.

As this is a claim between two State agencies, the Court makes an
advisory award in the
amount of $43.10.