[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR295.30]

[Page 529]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
             CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY
 
PART 295--CERRO GRANDE FIRE ASSISTANCE--Table of Contents
 
                      Subpart D--Claims Evaluation
 
Sec. 295.30  Establishing losses and damages.


    (a) Burden of proof. The burden of proving Losses and damages rests 
with the Claimant. A Claimant may submit for the Administrative Record a 
statement explaining why the Claimant believes that the Losses and 
damages are compensable and any documentary evidence supporting the 
claim. Claimants will provide documentation, which is reasonably 
available, to corroborate the nature, extent and value of their losses 
and/or to execute affidavits in a form established by OCGFC. FEMA may 
compensate a Claimant for a Loss in the absence of supporting 
documentation, in its discretion, on the strength of an affidavit or 
Proof of Loss executed by the Claimant, if documentary evidence 
substantiating the loss is not reasonably available. FEMA may request 
that a business Claimant execute an affidavit, which states that the 
Claimant will provide documentary evidence, including but not limited to 
income tax returns, if requested by our Office of the Inspector General 
or the General Accounting Office during an audit of the claim.
    (b) Proof of Loss. All Claimants are required to attest to the 
nature and extent of each Loss for which compensation is sought in the 
Proof of Loss. The Proof of Loss, which will be in a form specified by 
OCGFC, must be signed by the Claimant or the Claimant's legal 
representative if the Claimant is a not an individual or is an 
individual who lacks the legal capacity to execute the Proof of Loss. 
The Proof of Loss must be signed under penalty of perjury and subject to 
the provisions of 18 U.S.C.1001, which establishes penalties for false 
statements. Non-subrogation Claimants who filed a Notice of Loss before 
January 1, 2001 should submit a signed Proof of Loss to OCGFC not later 
than June 19, 2001. Non-subrogation Claimants who file a Notice of Loss 
on or after January 1, 2001 should submit a signed Proof of Loss to 
OCGFC not later than 150 days after the date when the Notice of Loss was 
submitted. These deadlines may be extended at the discretion of the 
Director of OCGFC for good cause. If a non-subrogation Claimant fails to 
submit a signed Proof of Loss within the timeframes set forth in this 
section and does not obtain an extension from the Director of OCGFC, 
OCGFC may administratively close the claim and require the Claimant to 
repay any partial payments made on the claim. Subrogation Claimants will 
submit the Proof of Loss contemporaneously with filing the Notice of 
Loss.
    (c) Release and Certification Form. All Claimants who receive 
compensation under the CGFAA are required to sign a Release and 
Certification Form. The Release and Certification Form must be executed 
by the Claimant or the Claimant's legal representative if the Claimant 
is an entity or lacks the legal capacity to execute the Release and 
Certification Form. The Release and Certification Form must be received 
by OCGFC within 120 days of the date when the Authorized Official's 
Determination is rendered under Sec. 295.32, or if subsequent 
proceedings occur under Subpart E of these regulations, not later than 
60 days after the date when further review of the decision (if 
available) is precluded. The United States will not attempt to recover 
compensatory damages paid to a Claimant who has executed and returned a 
Release and Certification Form within the periods provided above, except 
in the case of fraud or misrepresentation by the Claimant or the 
Claimant's representative, failure of the Claimant to cooperate with an 
audit as required by Sec. 295.35 or a material mistake by FEMA.