[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR104.31]

[Page 432-433]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 104--SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001--Table of Contents
 
       Subpart C--Claim Intake, Assistance, and Review Procedures
 
Sec. 104.31  Procedure for claims evaluation.


    (a) Initial review. Claims Evaluators shall review the forms filed 
by the claimant and either deem the claim ``filed'' (pursuant to 
104.21(a)) or notify the claimant of any deficiency in the forms or any 
required documents.
    (b) Procedural tracks. Each claim will be placed on a procedural 
track, described herein as ``Track A'' and ``Track B,'' selected by the 
claimant on the Personal Injury Compensation Form or Death Compensation 
Form.
    (1) Procedure for Track A. The Claims Evaluator shall determine 
eligibility and the claimant's presumed award pursuant to Secs. 104.43 
to 104.46 of this part and, within 45 days of the date the

[[Page 433]]

claim was deemed filed, notify the claimant in writing of the 
eligibility determination, the amount of the presumed award, and the 
right to request a hearing before the Special Master or his designee 
under Sec. 104.33 of this part. After an eligible claimant has been 
notified of the presumed award, the claimant may either accept the 
presumed compensation determination as the final determination and 
request payment, or may instead request a review before the Special 
Master or his designee pursuant to Sec. 104.33. Claimants found to be 
ineligible may appeal pursuant to Sec. 104.32.
    (2) Procedure for Track B. The Claims Evaluator shall determine 
eligibility within 45 days of the date the claim was deemed filed, but 
shall not determine the claimant's presumed award; the Claims Evaluator 
shall notify the claimant in writing of the eligibility determination. 
Upon notification of eligibility, the claimant will proceed to a hearing 
pursuant to Sec. 104.33. At such hearing, the Special Master or his 
designee shall utilize the presumptive award methodology as set forth in 
Secs. 104.43 to 104.46 of this part, but may modify or vary the award if 
the claimant presents extraordinary circumstances not adequately 
addressed by the presumptive award methodology. There shall be no review 
or appeal from this determination.
    (c) Multiple claims from the same family. The Special Master may 
treat claims brought by or on behalf of two or more members of the same 
immediate family as related or consolidated claims for purposes of 
determining the amount of any award.