[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: 44CFR295.42]



[Page 549-550]

 

              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. 295.42  Arbitration.



    (a) Initiating arbitration. A Claimant who is dissatisfied with the 

outcome of the Administrative Appeal may initiate binding arbitration by 

submitting a written request for arbitration to the Arbitration 

Administrator for Cerro Grande Claims, Alternate Dispute Resolution 

Office, Federal Emergency Management Agency, 500 C Street, SW., room 

214, Washington, DC 20472 on a form provided by OCGFC. The written 

request for arbitration must be received not later than 60 days after 

the date that appears on the Administrative Appeal decision.

    (b) Permissible claims. A Claimant may not arbitrate an issue unless 

it was raised and decided in the Administrative Appeal. Arbitration will 

be conducted on the evidence in the Administrative Record. Evidence not 

previously entered into the Administrative Record will not be 

considered.

    (c) Settlement and mediation alternatives. At any time after a 

request for arbitration is filed and before the time a decision is 

rendered, either party may request in writing that the Alternate Dispute 

Resolution Office stay further proceedings in the arbitration to 

facilitate settlement discussions. A mediator may be appointed (if 

requested by the parties) to facilitate settlement discussions. If both 

parties concur in the request, the Alternate Dispute Resolution Office 

will stay the arbitration and appoint a mediator at our expense. The 

stay may be terminated and the arbitration resumed upon written request 

of either party to the Alternate Dispute Resolution Office. If the 

dispute is settled, the Alternate Dispute Resolution Office will issue 

an order terminating the arbitration and provide the Claimant with a 

Release and Certification Form.

    (d) Selection of arbitrator. Arbitrators will be selected from a 

list of qualified arbitrators who have agreed to serve provided by the 

Alternate Dispute Resolution Office. If the amount in dispute is 

$300,000 or less, the arbitration will be decided by one arbitrator 

selected by the Claimant from the list. If the amount in dispute exceeds 

$300,000, a panel of three arbitrators selected at random by the 

Alternate Dispute Resolution Office will decide the arbitration.

    (e) Conduct of arbitration. The arbitration will be conducted in a 

manner determined by the arbitrator consistent with guidelines 

established by the Alternate Dispute Resolution Office. The Alternate 

Dispute Resolution Office will provide these guidelines upon request.

    (f) Hearings. The arbitrator may convene a hearing at a location 

designated by the Alternate Dispute Resolution Office. Whenever possible 

hearings will be held in Los Alamos, New Mexico unless the parties 

jointly agree to a different location.

    (g) Decision. After reviewing the evidence, the arbitrator(s) will 

render a decision in writing to the Alternate Dispute Resolution Office. 

The Alternate Dispute Resolution Office will transmit the decision to 

the Claimant and the Director of OCGFC. If a panel



[[Page 550]]



of three arbitrators conducts the arbitration, at least two of the three 

arbitrators must sign the decision. The decision will be rendered no 

later than 10 Days after a hearing is concluded or 60 Days after the 

arbitration is initiated, whichever is earlier. The Alternate Dispute 

Resolution Office may extend the time for a decision. The decision will 

establish the compensation due to the Claimant, if any, and the reasons 

therefore.

    (h) Action on arbitration decision. The Alternate Dispute Resolution 

Office will forward the arbitration decision and a Release and 

Certification Form to the Claimant. A Claimant who has received or who 

has been awarded any compensation under the CGFAA must sign and return 

the Release and Certification Form, regardless of whether any additional 

compensation is awarded by the arbitration. Additional compensation 

awarded in the arbitration will be paid to the Claimant after the signed 

Release and Certification Form is received.

    (i) Final decision. The decision of the arbitrator will be final and 

binding on all parties and will not be subject to any administrative or 

judicial review. The arbitrator may correct clerical, typographical or 

computational errors as requested by the Alternate Dispute Resolution 

Office.

    (j) Administration of arbitration. The Alternate Dispute Resolution 

Office will serve as arbitration administrator and will conclusively 

resolve any procedural disputes arising in the course of the 

arbitration. The Alternate Dispute Resolution Office will pay the fees 

of the arbitrator and reimburse the arbitrator for arbitration related 

expenses unless the parties jointly agree otherwise.