[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR1620.2]



[Page 942-943]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

 

PART 1620_ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS 

ACT--Table of Contents

 

Sec.  1620.2  Administrative claim; when presented.



    (a) For purposes of the provisions of 28 U.S.C. 2401(b), 2672, and 

2675, a claim is deemed to have been presented when the CSB receives 

from a claimant, and/or his or her authorized agent, attorney, or other 

legal representative, an executed Standard Form 95 (Claim for Damage, 

Injury or Death), or other written notification of an incident, 

accompanied by a claim for money damages stating a sum certain (a 

specific dollar amount) for specified damage to or loss of property, 

personal injury, death, or other compensable damages alleged to have 

occurred as a result of the incident. A claimant must present a claim 

within 2 years of the date of accrual of the claim. The date of accrual 

generally is determined to be the time of death, injury, or other 

alleged damages, or if the alleged damages are not immediately apparent, 

when the claimant discovered (or reasonably should have discovered) the 

alleged damages and its cause, though the actual date of accrual will 

always depend on the facts of each case. Claimants should be advised 

that mailing a claim by the 2-year time limit is not sufficient if the 

CSB does not receive the claim through the mail by that date. 

Additionally, claimants should be advised that a claim is not considered 

presented by the CSB until the CSB receives all information requested in 

this paragraph. Incomplete claims will be returned to the claimant.

    (b) All claims filed under the FTCA as a result of the alleged 

negligence or wrongful act or omission of the CSB or its employees must 

be mailed or delivered to the Office of the General Counsel, 2175 K 

Street NW., Suite 650, Washington, DC 20037.

    (c) The FTCA requires that a claim must be presented to the Federal 

agency whose activities gave rise to the claim. A claim that should have 

been presented to CSB, but was mistakenly addressed to or filed with 

another Federal agency, is presented to the CSB, as required by 28 

U.S.C. 2401(b), as of the date the claim is received by the CSB. When a 

claim is mistakenly presented to the CSB, the CSB will transfer the 

claim to the appropriate Federal agency, if ascertainable, and advise 

the claimant of the transfer, or return the claim to the claimant if the 

appropriate Federal agency cannot be determined.

    (d) A claimant whose claim arises from an incident involving the CSB 

and one or more other Federal agencies will identify each agency to 

which the claim has been submitted at the time the claim is presented to 

the CSB. The CSB will contact all other affected Federal agencies in 

order to designate a single agency that will investigate and decide the 

merits of the claim. In the event a designation cannot be agreed upon by 

the affected agencies, the Department of Justice will be consulted and 

that agency will designate a specific agency to investigate and 

determine the merits of the claim. The designated agency will then 

notify the claimant that all future correspondence concerning the claim 

must be directed to the designated Federal agency. All involved Federal 

agencies may agree to conduct their own administrative reviews and to 

coordinate the results, or to have the investigation conducted solely by 

the designated Federal agency. However, in any event, the designated 

agency will be responsible for the final determination of the claim.

    (e) A claim presented in compliance with paragraph (a) of this 

section may be amended by the claimant at any time prior to final agency 

action or prior to the exercise of the claimant's option under 28 U.S.C. 

2675(a). Amendments must be in writing and signed by the claimant or his 

or her authorized agent, attorney, or other legal representative. Upon 

the timely filing of an amendment to a pending claim, the



[[Page 943]]



CSB will have an additional 6 months in which to investigate the claim 

and to make a final disposition of the claim as amended. A claimant's 

option under 28 U.S.C. 2675(a) will not accrue until 6 months after the 

filing of an amendment.