[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 44CFR11.18]



[Page 115]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 11_CLAIMS--Table of Contents

 

      Subpart B_Administrative Claims Under Federal Tort Claims Act

 

Sec. 11.18  Final denial of claim.



    (a) Final denial of an administrative claim under this part shall be 

in writing and sent to the claimant, his or her attorney, or legal 

representative by certified or registered mail. The notification of 

final denial may include a statement of the reasons for the denial and 

shall include a statement that, if the claimant is dissatisfied with the 

FEMA action, he or she may file suit in an appropriate U.S. District 

Court not later than 6 months after the date of mailing of the 

notification.

    (b) Prior to the commencement of suit and prior to the expiration of 

the 6-month period provided in 28 U.S.C. 2401(b), a claimant, his or her 

duly authorized agent, or legal representative, may file a written 

request with FEMA for reconsideration of a final denial of a claim under 

paragraph (a) of this section. Upon the timely filing of a request for 

reconsideration the FEMA shall have 6 months from the date of filing in 

which to make a final FEMA disposition of the claim and the claimant's 

option under 28 U.S.C. 2675(a) shall not accrue until 6 months after the 

filing of a request for reconsideration. Final FEMA action on a request 

for reconsideration shall be effected in accordance with the provisions 

of paragraph (a) of this section.