[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: 28CFR104.33]

[Page 433-434]
 
                    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. 104.33  Hearing.

    (a) Supplemental submissions. The claimant may prepare and file 
Supplemental Submissions within 21 calendar days from notification of 
either the presumed award (Track A) or eligibility (Track B). The 
Special Master shall develop forms appropriate for Supplemental 
Submissions.
    (b) Conduct of hearings. Hearings shall be before the Special Master 
or his designee. The objective of hearings shall be to permit the 
claimant to present information or evidence that the claimant believes 
is necessary to a full understanding of the claim. The claimant may 
request that the Special Master or his designee review any evidence 
relevant to the determination of the award, including without 
limitation: Factors and variables used in calculating economic loss; the 
identity of the victim's spouse and dependents; the financial needs of 
the claimant; facts affecting noneconomic loss; and any factual or legal 
arguments that the claimant contends should affect the award. Claimants 
shall be entitled to submit any statements or reports in writing. The 
Special Master or his designee may require authentication of documents, 
including medical records and reports, and may request and consider 
information regarding the financial resources and expenses of the 
victim's family or other material that the Special Master or his 
designee deems relevant.
    (c) Location and duration of hearings. The hearings shall, to the 
extent practicable, be scheduled at times and in locations convenient to 
the claimant or his or her representative. The hearings shall be limited 
in length to a time period determined by the Special Master or his 
designee.
    (d) Witnesses, counsel, and experts. Claimants shall be permitted, 
but not required, to present witnesses, including expert witnesses. The 
Special Master or his designee shall be permitted to question witnesses 
and examine the credentials of experts. The claimant shall be entitled 
to be represented by an attorney in good standing, but it is not 
necessary that the claimant be represented by an attorney.
    (e) Waivers. The Special Master shall have authority and discretion 
to require any waivers necessary to obtain more individualized 
information on specific claimants.
    (f) Track A review of presumed award. For proceedings under Track A, 
the Special Master or his designee shall make a determination whether:

[[Page 434]]

    (1) There was an error in determining the presumptive award, either 
because the claimant's individual criteria were misapplied or for 
another reason; or
    (2) The claimant presents extraordinary circumstances not adequately 
addressed by the presumptive award.
    (g) Determination. The Special Master shall notify the claimant in 
writing of the final amount of the award, but need not create or provide 
any written record of the deliberations that resulted in that 
determination. There shall be no further review or appeal of the Special 
Master's determination. In notifying the claimant of the final amount of 
the award, the Special Master may designate the portions or percentages 
of the final award that are attributable to economic loss and non-
economic loss, respectively, and may provide such other information as 
appropriate to provide adequate guidance for a court of competent 
jurisdiction and a personal representative.

[66 FR 66282, Dec. 21, 2001, as amended at 67 FR 11246, Mar. 13, 2002]