[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: 28CFR79.4]

[Page 336]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT--Table of Contents
 
                           Subpart A--General
 
Sec. 79.4  Determination of claims and affidavits.

    (a) The claimant or eligible surviving beneficiary or beneficiaries 
bears the burden of providing evidence of the existence of each element 
necessary to establish eligibility under any compensable claim category 
set forth in Sec. 79.3(a).
    (b) In the event that reasonable doubt exists with regard to whether 
a claim meets the requirements of the Act, that doubt shall be resolved 
in favor of the claimant or eligible surviving beneficiary.
    (c) Written affidavits or declarations, subject to penalty for 
perjury, will be accepted only for the following purposes:
    (1) To establish eligibility of family members as set forth in 
Sec. 79.71(e), (f), (g), (h), or (i);
    (2) To establish other compensation received as set forth in 
Sec. 79.75(c) or (d);
    (3) To establish employment in a uranium mill or as an ore 
transporter in the manner set forth in Secs. 79.53(d) and 79.63(d), 
respectively; and
    (4) To substantiate the claimant's uranium mining employment history 
for purposes of determining working level months of radiation exposure, 
in the manner set forth in Sec. 79.43(d), provided the affidavit or 
declaration:
    (i) Is provided in addition to any other material that may be used 
to substantiate the claimant's employment history as set forth in 
Sec. 79.43;
    (ii) Is made subject to penalty for perjury;
    (iii) Attests to the employment history of the claimant; and
    (iv) As made by a person other than the individual filing the claim.