[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: 40CFR1620.7]



[Page 944-945]

 

                   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.  1620.7  Limitations on authority.



    (a) An award, compromise, or settlement of a claim under 28 U.S.C. 

2672,



[[Page 945]]



and this part, in excess of $25,000 can be made only with the prior 

written approval of the CSB General Counsel and Chairperson, after 

consultation and approval by the Department of Justice. For purposes of 

this paragraph a principal claim and any derivative or subrogated claim 

will be treated as a single claim.

    (b) An administrative claim may be adjusted, determined, compromised 

or settled under this part only after consultation with the Department 

of Justice when, in the opinion of the General Counsel of CSB, or his or 

her designee:

    (1) A new precedent or a new point of law is involved; or

    (2) A question of policy is or may be involved; or

    (3) The United States is or may be entitled to indemnity or 

contribution from a third party and CSB is unable to adjust the third 

party claim; or

    (4) The compromise of a particular claim, as a practical matter, 

will or may control the disposition of a related claim in which the 

amount to be paid may exceed $25,000.

    (c) An administrative claim may be adjusted, determined, compromised 

or settled under 28 U.S.C. 2672 and this part only after consultation 

with the Department of Justice when CSB is informed or is otherwise 

aware that the United States or an employee, agent or contractor of the 

United States is involved in litigation based on a claim arising out of 

the same incident or transaction.