[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: 44CFR295.34]



[Page 547-548]

 

              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 D_Claims Evaluation

 

Sec. 295.34  Reopening a claim.



    (a) The Director of OCGFC may reopen a claim if requested to do so 

by the Claimant, notwithstanding the submission of the Release and 

Certification Form, for the limited purpose of considering issues raised 

by the request to reopen if:

    (1) The Claimant desires mitigation compensation and the request to 

reopen is filed not later than August 28, 2003 in accordance with Sec. 

295.21(d) or (h); or

    (2) The Claimant closed the sale of real property not later than 

August 28, 2002 and wishes to present a claim for reduction in the value 

of the real property under Sec. 295.21(e) and the request to



[[Page 548]]



reopen is filed not later than August 28, 2002; or

    (3) The Claimant has incurred Replacement Costs under Sec. 

295.21(d) in excess of those previously awarded and is not prohibited by 

the terms of an agreement pertaining to home replacement with OCGFC from 

requesting that the case be reopened; or

    (4) The Director of OCGFC otherwise determines that Claimant has 

demonstrated good cause.

    (b) The Director of OCGFC may establish a deadline by which requests 

to reopen under paragraphs (a)(3) or (4) of this section must be 

submitted. The deadline will be published as a notice in the Federal 

Register and broadly disseminated throughout the communities, pueblos 

and Indian reservations in Los Alamos, Rio Arriba, Sandoval, and Santa 

Fe Counties.