[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR295.43]

[Page 540]
 
              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 E_Dispute Resolution
 
Sec.  295.43  Judicial review.

    As an alternative to arbitration, a Claimant dissatisfied with the 
outcome of an Administrative Appeal may seek judicial review of the 
decision by bringing a civil lawsuit against FEMA in the United States 
District Court for the District of New Mexico. This lawsuit must be 
brought within 60 Days of the date that appears on the Administrative 
Appeal decision. The court may only consider evidence in the 
Administrative Record. The court will uphold our decision if it is 
supported by substantial evidence on the record considered as a whole. 
If the judge has awarded damages over and above those previously paid, 
FEMA will cause the damages to be paid to the Claimant upon receipt of 
the Release and Certification Form or as otherwise specified by order of 
the court. Claimants who have received any compensation under the CGFAA 
must return a Release and Certification Form as provided in Sec.  
295.30(c), regardless of whether the court awards additional 
compensation.