[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR35.10]



[Page 114]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

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

 

                          Subpart B_Procedures

 

Sec.  35.10  Limitation on Department's authority.



    (a) An award, compromise or settlement of a claim hereunder in 

excess of $25,000 shall be effected only with the prior written approval 

of the Attorney General or his designee. For the purposes of this 

paragraph, a principal claim and any derivative or subrogated claim 

shall be treated as a single claim.

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

or settled hereunder only after consultation with the Department of 

Justice when, in the opinion of the Department:

    (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 the Department 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 only after consultation with the Department of Justice when 

it is learned that the United States or an employee, agent or cost plus 

contractor of the United States is involved in litigation based on a 

claim arising out of the same incident or transaction.