[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: 40CFR1620.3]



[Page 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.  1620.3  Administrative claim; who may file.



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

the owner of the property, or his or her authorized agent, attorney, or 

other legal representative.

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

person, or his or her authorized agent, attorney or other 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 a claim under the applicable State law, provided that 

the basis for the representation is documented in writing.

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

rights to subrogate may be presented by the insurer. A claim for loss 

partially compensated by an insurer with the rights to subrogate may be 

presented by the insurer or the insured individually as their respective 

interests appear, or jointly. When an insurer presents a claim asserting 

the rights to subrogate the insurer must present appropriate evidence 

that it has the rights to subrogate.

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

presented in the name of the claimant, be signed by the agent, attorney, 

or other legal representative, show the title or legal capacity of the 

person signing, and be accompanied by evidence of his or her authority 

to present a claim on behalf of the claimant as agent, attorney, 

executor, administrator, parent, guardian, conservator, or other legal 

representative.