[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 44CFR295.5]



[Page 547-548]

 

              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 A_General

 

Sec.  295.5  Overview of the claims process.



    (a) The CGFAA is intended to provide persons who suffered losses 

from the Cerro Grande Fire with a simple, expedited process to seek 

redress from the



[[Page 548]]



United States. This section provides a brief explanation of the claims 

process for claims other than subrogation claims. It is not intended to 

supersede the more specific regulations that follow and explain the 

claims process in greater detail. In order to obtain benefits under this 

legislation, a person must submit all Cerro Grande Fire related claims 

against the United States to FEMA. A person who elects to proceed under 

the CGFAA is barred from bringing a claim under the Federal Tort Claims 

Act or filing a civil action against the United States for damages 

resulting from the Cerro Grande Fire. Judicial review of our decisions 

under the CGFAA is available.

    (b) The first step in the process is to file a Notice of Loss with 

OCGFC. OCGFC will provide the Claimant with a written acknowledgement 

that the claim has been filed and the claim number.

    (c) Shortly thereafter, a Claims Reviewer will contact the Claimant 

to review the claim. The Claims Reviewer will help the Claimant 

formulate a strategy for obtaining any necessary documentation or other 

support. This assistance does not relieve the Claimant of his or her 

responsibility for establishing all elements of the Loss and the 

compensatory damages that are sought, including that the Cerro Grande 

Fire caused the Loss. After the Claimant has had an opportunity to 

discuss the claim with the Claims Reviewer, a Proof of Loss will be 

presented to the Claimant for signature. After any necessary 

documentation has been obtained and the claim has been fully evaluated, 

the Claims Reviewer will submit a report to the Authorized Official. The 

Claims Reviewer is responsible for providing an objective evaluation of 

the claim to the Authorized Official.

    (d) The Authorized Official will review the report and determine 

whether compensation is due to the Claimant. The Claimant will be 

notified in writing of the Authorized Official's Determination. If the 

Claimant is satisfied with the decision payment will be made after the 

Claimant returns a completed Release and Certification Form. If the 

Claimant is dissatisfied with the Authorized Official's Determination an 

Administrative Appeal may be filed with the Director of OCGFC. If the 

Claimant remains dissatisfied after the appeal is decided, the dispute 

may be resolved through binding arbitration or heard in the United 

States District Court for the District of New Mexico.