[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: 44CFR295.43]



[Page 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. 295.43  Judicial review.



    As an alternative to arbitration, a Claimant dissatisfied with the 

outcome of an Administrative Appeal may seek judicial review of the 

decision by bringing a civil lawsuit against FEMA in the United States 

District Court for the District of New Mexico. This lawsuit must be 

brought within 60 Days of the date that appears on the Administrative 

Appeal decision. The court may only consider evidence in the 

Administrative Record. The court will uphold our decision if it is 

supported by substantial evidence on the record considered as a whole. 

If the judge has awarded damages over and above those previously paid, 

FEMA will cause the damages to be paid to the Claimant upon receipt of 

the Release and Certification Form or as otherwise specified by order of 

the court. Claimants who have received any compensation under the CGFAA 

must return a Release and Certification Form as provided in Sec. 

295.30(c), regardless of whether the court awards additional 

compensation.