[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR35.3]



[Page 96]

 

                           TITLE 34--EDUCATION

 

PART 35_TORT CLAIMS AGAINST THE GOVERNMENT--Table of Contents

 

                          Subpart B_Procedures

 

Sec.  35.3  Administrative claim; who may file.



    (a) A claim for injury to or loss of property may be presented by 

the owner of the property interest which is the subject of the claim, 

his duly authorized agent, or his legal representative.

    (b) A claim for personal injury may be presented by the injured 

person, his duly authorized agent, or his legal representative.

    (c) A claim based on death may be presented by the executor or 

administrator of the decedent's estate or by any other person legally 

entitled to assert such a claim under applicable state law.

    (d) A claim for loss wholly compensated by an insurer with the 

rights of a subrogee may be presented by the insurer. A claim for loss 

partially compensated by an insurer with the rights of a subrogee may be 

presented by the insurer or the insured individually, as their 

respective interests appear, or jointly. Whenever an insurer presents a 

claim asserting the rights of a subrogee, he shall present with his 

claim appropriate evidence that he has the rights of a subrogee.

    (e) A claim presented by an agent or legal representative shall be 

presented in the name of the claimant, be signed by the agent or legal 

representative, show the title or legal capacity of the person signing, 

and be accompanied by evidence of his authority to present a claim on 

behalf of the claimant as agent, executor, administrator, parent, 

guardian, or other representative.