[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: 45CFR35.2]



[Page 111]

 

                        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.  35.2  Administrative claim; when presented; place of filing.





    (a) For purposes of the regulations in this part, a claim shall be 

deemed to have been presented when the Department of Health and Human 

Services receives, at a place designated in paragraph (b) of this 

section, an executed Standard Form 95 or other written notification of 

an incident accompanied by a claim for money damages in a sum certain 

for damage to or loss of property, for personal injury, or for death, 

alleged to have occurred by reason of the incident. A claim which should 

have been presented to the Department but which was mistakenly addressed 

to or filed with another Federal agency, shall be deemed to be presented 

to the Department as of the date that the claim is received by the 

Department. A claim mistakenly addressed to or filed with the Department 

shall forthwith be transferred to the appropriate Federal agency, if 

ascertainable, or returned to the claimant.

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

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

by the Department Claims Officer or prior to the exercise of the 

claimant's option to bring suit under 28 U.S.C. 2675(a). Amendments 

shall be submitted in writing and signed by the claimant or his duly 

authorized agent or legal representative. Upon the timely filing of an 

amendment to a pending claim, the Department shall have 6 months in 

which to make a final disposition of the claim as amended and the 

claimant's option under 28 U.S.C. 2675(a) shall not accrue until 6 

months after the filing of an amendment.

    (c) Forms may be obtained and claims may be filed, with the office, 

local, regional, or headquarters, of the constituent organization having 

jurisdiction over the employee involved in the accident or incident, or 

with the Department of Health and Human Services Claims Officer, 

Washington, DC 20201.



[32 FR 14101, Oct. 11, 1967, as amended at 35 FR 4517, Mar. 13, 1970]