[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR25.123]



[Page 98]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 25_CLAIMS--Table of Contents

 

                            Subpart A_General

 

Sec. 25.123  Settlement and notice to claimant.



    (a) If the settlement authority determines that the full amount 

claimed should be paid, the settlement authority forwards the claim to 

the disbursing officer for payment. If the time involved in settling the 

claim has been extensive, the settlement authority notifies the 

claimant.

    (b) If the settlement authority determines that less than the full 

amount claimed should be paid, the settlement authority:

    (1) Notifies the claimant in writing of the proposed settlement.

    (2) Obtains from the claimant written acceptance and release for 

payment of the claim in the reduced amount.

    (3) Advises the claimant, in the event claimant does not desire to 

accept the offer, to reply within 45 days giving reasons for rejection.

    (4) Except upon a showing of good cause for delay in accepting a 

proposed settlement within 45 days, treats the non-acceptance as a 

rejection. Rejection by a claimant of an offer of settlement renders the 

offer void.

    (5) If a claimant rejects a proposed settlement or fails to reply 

within 45 days, the settlement authority may make further efforts to 

settle the claim. When the settlement authority determines that further 

efforts to settle the claim are not warranted, the settlement authority 

notifies the claimant in writing by registered or certified mail, return 

receipt requested, that the claim has been denied because the amount 

claimed is excessive.

    (c) If the claim is denied, the settlement authority notifies the 

claimant in writing by registered or certified mail, return receipt 

requested.