[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: 28CFR79.73]

[Page 357-358]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT--Table of Contents
 
                          Subpart H--Procedures
 
Sec. 79.73  Appeals procedures.

    (a) An appeal must be in writing and must be received by the 
Radiation Exposure Compensation Program within sixty days of the date of 
the Decision denying the claim, unless a greater period has been 
permitted. Appeals must be sent to the following address: Radiation 
Exposure Compensation Program, Appeal of Decision, U.S. Department of 
Justice, P.O. Box 146, Ben Franklin Station, Washington, DC 20044-0146.
    (b) The claimant or eligible surviving beneficiary must set forth in 
the appeal the reason(s) why he or she believes that the Decision of the 
Assistant Director is incorrect.
    (c) Upon receipt of an appeal, the Radiation Exposure Compensation 
Program shall forward the appeal, the Decision, the claim, and all 
supporting documentation, to the Assistant Attorney General, or to the 
Appeals Officer if one is designated, for action on the appeal. If the 
appeal is not received within the 60-day period, or such greater period 
as may be permitted, the appeal may be denied without further review.

[[Page 358]]

    (d) The Assistant Attorney General or Appeals Officer shall review 
any appeal and other information forwarded by the Program. Within 90 
days after the receipt of an appeal, the Assistant Attorney General or 
Appeals Officer shall issue a Memorandum either affirming or reversing 
the Assistant Director's Decision or, when appropriate, remanding the 
claim to the Assistant Director for further action. The Memorandum shall 
include a statement of the reason(s) for such reversal, affirmance, or 
remand. The Memorandum and all papers relating to the claim shall be 
returned to the Radiation Exposure Compensation Program, which shall 
promptly inform the claimant or eligible surviving beneficiary of the 
action of the Assistant Attorney General or Appeals Officer. A 
Memorandum affirming or reversing the Assistant Director's Decision 
shall be deemed to be the final action of the Department of Justice on 
the claim.
    (e) Before seeking judicial review of a decision denying a claim 
under the Act, an individual must first seek review by the designated 
Appeals Officer. Once the appeals procedures are completed, an 
individual whose claim for compensation under the Act is affirmed on 
appeal may seek judicial review in a district court of the United 
States.