[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR295.41]

[Page 531-532]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 295_CERRO GRANDE FIRE ASSISTANCE--Table of Contents
 
                      Subpart E_Dispute Resolution
 
Sec. 295.41  Administrative appeal.

    (a) Notice of appeal. A Claimant may request that the Director of 
OCGFC review the Authorized Official's Determination by written request 
to the Appeals Docket, Office of Cerro Grande Claims, P.O. Box 1480, Los 
Alamos, NM 87544-1480, postmarked or delivered within 120 Days after the 
date that appears on the Authorized Official's Determination. The 
Claimant will submit along with the notice of appeal a statement 
explaining why the Authorized Official's Determination was incorrect.
    (b) Acknowledgement of appeal. OCGFC will acknowledge the receipt of 
appeals that are timely filed. Following the receipt of a timely filed 
appeal, the Director of OCGFC will obtain the Administrative Record from 
the Authorized Official and transmit a copy to the Claimant.
    (c) Supplemental filings. The Claimant may supplement the statement 
of reasons and provide any additional documentary evidence supporting 
the appeal within 60 Days after the date when the appeal is filed. The 
Director of OCGFC may extend these timeframes or authorize additional 
filings either on his or her own initiative or in response to a request 
by the Claimant for good cause shown.
    (d) Admissible evidence. The Claimant may rely upon any relevant 
evidence to support the appeal, regardless of whether the evidence was 
previously submitted to the Claims Reviewer for consideration by the 
Authorized Official.
    (e) Obtaining evidence. The Director of OCGFC may request from the 
Claimant or from the Authorized Official any additional information that 
is relevant to the issues posed by the appeal in his or her discretion.
    (f) Conferences. The Director of OCGFC may schedule a conference to 
gain a better understanding of the issues or to explore settlement 
possibilities.
    (g) Hearings. The Director of OCGFC may exercise the discretion to 
convene an informal hearing to receive oral testimony from witnesses or 
experts. The

[[Page 532]]

rules under which hearings will be conducted will be established by the 
Director of OCGFC. Formal rules of evidence applicable to court 
proceedings will not be used in hearings under this subsection. Hearings 
will be transcribed and the transcript will be entered in the 
Administrative Record.
    (h) Decision on appeal. After the allotted time for submission of 
evidence has passed, the Director of OCGFC will close the Administrative 
Record and render a written decision on the Administrative Appeal. The 
Director of OCGFC's decision on the Administrative Appeal will 
constitute the final decision of the Director of FEMA under Sec. Sec. 
104(d)(2)(B) and 104(i)(1) of the CGFAA.
    (i) Claimant's options following appeal. The Claimant's concurrence 
with the decision in the Administrative Appeal will be conclusively 
presumed unless the Claimant initiates arbitration in accordance with 
Sec. 295.42 or seeks judicial review in accordance with Sec. 295.43. 
If the Claimant concurs with the Director's determination, payment of 
any additional damages awarded by the Director will be made to the 
Claimant upon receipt of a properly executed Release and Certification 
Form.