[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1620.3]

[Page 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.  1620.3  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.