DISMISSED FOR LACK OF JURISDICTION: March 28, 2018
CBCA 6064
HILL-ROM COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Holly Lozier, Credit Department Supervisor of Hill-Rom Company, Inc., Batesville, IN, appearing for Appellant.
Michael I. Goulding, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
Before Board Judges BEARDSLEY, KULLBERG, and SULLIVAN.
BEARDSLEY, Board Judge.
On March 8, 2018, the United States Civilian Board of Contract Appeals (the Board) docketed an appeal filed by Hill-Rom Company, Inc. (Hill-Rom). Holly Lozier, credit department supervisor, signed the notice of appeal on behalf of Hill-Rom.
The Board issued an order to show cause as to why this appeal should not be dismissed because Ms. Lozier seemed to lack the authority to sign the notice of appeal or to appear before the Board on behalf of Hill-Rom. Ms. Dozier responded to the order stating “I need to withdraw my appeal as I am not an authorized officer of Hill-Rom. We will have to resubmit under the appropriate person.”
The Board’s Rules of Procedure identify who is permitted to appeal and appear before the Board. “A notice of appeal shall be signed by the appellant or by the appellant’s attorney or authorized representative.” Rule 2(a)(1)(I) (48 CFR 6101.2(a)(1)(I) (2017)). A corporation “may appear by one of its officers.” Rule 5(a)(1). Ms. Lozier has indicated that she is not an authorized officer of Hill-Rom; and therefore, she did not have the authority to sign the notice of appeal or to appear before the Board on behalf of Hill-Rom. As such, this appeal must be dismissed for lack of jurisdiction. Affiliated Western, Inc. v. Department of Veterans Affairs, CBCA 3877, 14-1 BCA ¶ 35,670.
Decision
This appeal is DISMISSED FOR LACK OF JURISDICTION Erica S. Beardsley
ERICA S. BEARDSLEY
Board Judge
We concur:
H. Chuck Kullberg
Board Judge
Marian E. Sullivan
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Hill-Rom Company, Inc., CBCA 6064. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.