[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: 44CFR295.41]



[Page 548-549]

 

              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 549]]



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.