cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
28 rows where part_number = 296 and title_number = 44 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name, full_text
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 44:44:1.0.1.5.61.1.10.1 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 296.1 Purpose. | FEMA | This part implements the Hermit's Peak/Calf Canyon Fire Assistance Act (Act), Division G of Public Law 117-180, 136 Stat. 2114, 2168, which requires the Federal Emergency Management Agency (FEMA) to establish the Office of Hermit's Peak/Calf Canyon Fire Claims (“Claims Office”) to receive, evaluate, process, and pay actual compensatory damages for injuries resulting from the Hermit's Peak/Calf Canyon Fire. | ||||
| 44:44:1.0.1.5.61.1.10.2 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 296.2 Policy. | FEMA | It is our policy to provide for the expeditious resolution of damage claims through a process that is administered with sensitivity to the burdens placed upon claimants by the Hermit's Peak/Calf Canyon Fire. | ||||
| 44:44:1.0.1.5.61.1.10.3 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 296.3 Information and assistance. | FEMA | Information and assistance concerning the Act is available from the Claims Office, Federal Emergency Management Agency online at https://www.fema.gov/hermits-peak. | ||||
| 44:44:1.0.1.5.61.1.10.4 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 296.4 Definitions. | FEMA | Administrative Appeal means an appeal of the Authorized Official's Determination to the Director of the Claims Office in accordance with the provisions of Subpart E of this part. Administrative Record means all information submitted by the claimant and all information collected by FEMA concerning the claim, which is used to evaluate the claim and to formulate the Authorized Official's Determination. It also means all information that is submitted by the claimant or FEMA in an Administrative Appeal and the decision of the Administrative Appeal. It excludes the opinions, memoranda and work papers of FEMA attorneys and drafts of documents prepared by Claims Office personnel and contractors. Administrator means the Administrator of the Federal Emergency Management Agency. Arbitration Administrator means the FEMA official responsible for administering arbitration procedures to resolve disputes regarding a claim. Contact information for the Arbitration Administrator can be found online at https://www.fema.gov/hermits-peak. Authorized Official means an employee of the United States who is delegated with authority by the Director of the Claims Office to render binding determinations on claims and to determine compensation due to claimants under the Act. Authorized Official's Determination means a report signed by an Authorized Official and mailed to the claimant evaluating each element of the claim as stated in the Proof of Loss and determining the compensation, if any, due to the claimant. Claimant means a person who has filed a Notice of Loss under the Act. Claims Office means the Office of Hermit's Peak/Calf Canyon Fire Claims. Claims Reviewer means an employee of the United States or a Claims Office contractor or subcontractor who is authorized by the Director of the Claims Office to review and evaluate claims submitted under the Act. Days means calendar days, including weekends and holidays. Director means an Independent Claims Manager appointed by the Administrator who will serve as the Direct… | ||||
| 44:44:1.0.1.5.61.1.10.5 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | § 296.5 Overview of the claims process. | FEMA | (a) The Act is intended to provide persons who suffered Injury from the Hermit's Peak/Calf Canyon Fire with a simple, expedited process to seek compensation from the 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. To obtain compensation under the Act, an Injured Person must submit all Hermit's Peak/Calf Canyon Fire related claims against the United States or any employee, officer, or agency of the United States to the FEMA Claims Office. An Injured Person who elects to accept an award under the Act is barred from accepting an award pursuant to a claim under the Federal Tort Claims Act or a civil action against the United States or any employee, officer, or agency of the United States arising out of or relating to the same subject matter. Judicial review of FEMA decisions under the Act is available. (b) The first step in the process is to file a Notice of Loss with the Claims Office. The Claims Office will provide the claimant with a written acknowledgement that the claim has been filed and a claim number. (c) Shortly thereafter, a Claims Reviewer will contact the claimant to review the claim. 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 their responsibility for establishing all elements of the injuries and the compensatory damages that are sought, including that the Hermit's Peak/Calf Canyon Fire caused the injuries. 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 evaluatio… | ||||
| 44:44:1.0.1.5.61.1.10.6 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | A | Subpart A—General | §§ 296.6-296.9 [Reserved] | FEMA | |||||
| 44:44:1.0.1.5.61.2.10.1 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 296.10 Filing a claim under the Hermit's Peak/Calf Canyon Fire Assistance Act. | FEMA | (a) Any Injured Person may bring a claim under the Act by filing a Notice of Loss. A claim submitted on any form other than a Notice of Loss will not be accepted. The claimant must provide a brief description of each injury on the Notice of Loss. (b) A single Notice of Loss may be submitted on behalf of a household containing Injured Persons provided that all Injured Persons on whose behalf the claim is presented are identified. (c) The Notice of Loss must be signed by each claimant, if the claimant is an individual, or by a duly authorized legal representative of each claimant, if the claimant is an entity or an individual who lacks the legal capacity to sign the Notice of Loss. If one is signing a Notice of Loss as the legal representative of a claimant, the signer must disclose their relationship to the claimant. FEMA may require a legal representative to submit evidence of their authority to act. (d) The Claims Office will provide Notice of Loss forms through the mail, electronically, in person at the Claims Office or by telephone request. The Notice of Loss form can also be downloaded from the internet at https://www.fema.gov/hermits-peak. (e) A Notice of Loss may be filed with the Claims Office by mail, electronically, or in person. Details regarding the filing process can be found at https://www.fema.gov/hermits-peak. (f) A Notice of Loss that is completed and properly signed is deemed to be filed on the date it is received and acknowledged by the Claims Office. | ||||
| 44:44:1.0.1.5.61.2.10.2 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 296.11 Deadline for notifying FEMA of injuries. | FEMA | The deadline for filing a Notice of Loss is November 14, 2024. Except as provided in § 296.35 with respect to a request to reopen a claim, an injury that has not been described: on a Notice of Loss, on a supplement to a Notice of Loss or a request to supplement a Notice of Loss under § 296.34 received by the Claims Office on or before November 14, 2024 cannot be compensated under the Act. The Act establishes this deadline and does not provide any extensions of the filing deadline. | ||||
| 44:44:1.0.1.5.61.2.10.3 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 296.12 Election of remedies. | FEMA | (a) An Injured Person who accepts a final award under the Act waives the right to pursue all claims for injuries arising out of or relating to the same subject matter against the United States or any employee, officer, or agency of the United States through the Federal Tort Claims Act or a civil action authorized by any other provision of law. (b) An Injured Person who accepts a final award through a Federal Tort Claims Act claim or a civil action against the United States or any employee, officer, or agency of the United States relating to the Hermit's Peak/Calf Canyon Fire waives the right to pursue any claim arising out of or relating to the same subject matter under the Act. | ||||
| 44:44:1.0.1.5.61.2.10.4 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 296.13 Subrogation. | FEMA | An insurer or other third party with the rights of a subrogee, who has compensated an injured person for Hermit's Peak/Calf Canyon Fire related injuries, may file a Notice of Loss under the Act for the subrogated claim. A subrogee may file a Notice of Loss without regard to whether the Injured Person who received payment from the subrogee filed a Notice of Loss. A Subrogation Notice of Loss should be filed after the subrogee has made all payments that it believes the Injured Person is entitled to receive for Hermit's Peak/Calf Canyon Fire related injuries under the terms of the insurance policy or other agreement between the subrogee and the Injured Person, but not later than November 14, 2024. By filing a Notice of Loss for any subrogated claim, the subrogee elects the Act as its exclusive remedy against the United States or any employee, officer, or agency of the United States for all subrogated claims arising out of the Hermit's Peak/Calf Canyon Fire. Subrogation claims must be made on a Notice of Loss form furnished by the Claims Office and such claims will be paid only after paying claims submitted by injured persons that are not insurance companies seeking payment as subrogees. | ||||
| 44:44:1.0.1.5.61.2.10.5 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 296.14 Assignments. | FEMA | Assignment of claims and the right to receive compensation for claims under the Act is prohibited and will not be recognized by FEMA. | ||||
| 44:44:1.0.1.5.61.2.10.6 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | B | Subpart B—Bringing a Claim Under the Hermit's Peak/Calf Canyon Fire Assistance Act | §§ 296.15-296.19 [Reserved] | FEMA | |||||
| 44:44:1.0.1.5.61.3.10.1 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | C | Subpart C—Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 296.20 Prerequisite to compensation. | FEMA | In order to receive compensation under the Act, a claimant must be an Injured Person who suffered an injury as a result of the Hermit's Peak/Calf Canyon Fire and sustained damages. | ||||
| 44:44:1.0.1.5.61.3.10.2 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | C | Subpart C—Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 296.21 Allowable damages. | FEMA | (a) Allowable damages. The Act provides for the payment of actual compensatory damages for injury or loss of property, business loss, and financial loss. The laws of the State of New Mexico will apply to the calculation of damages. Damages must be reasonable in amount. (b) Exclusions. Punitive damages, statutory damages under section 30-32-4 of the New Mexico Statutes Annotated (2019), interest on claims, attorney's fees and agents' fees incurred in prosecuting a claim under the Act or an insurance policy, and adjusting costs incurred by an insurer or other third party with the rights of a subrogee that may be owed by a claimant as a consequence of receiving an award are not recoverable from FEMA. The cost to a claimant of prosecuting a claim under the Act does not constitute compensatory damages and is not recoverable from FEMA, except as provided in § 296.31(b). (c) Loss of property. Compensatory damages may be awarded for an uninsured or underinsured property loss, a decrease in the value of real property, damage to physical infrastructure, cost resulting from lost subsistence, cost of reforestation or revegetation not covered by any other Federal program, and any other loss that the Administrator determines to be appropriate for inclusion as a loss of property. (1) Real property and contents. Compensatory damages for the damage or destruction of real property and its contents may include the reasonable cost of reconstruction of a structure comparable in design, construction materials, size, and improvements, taking into account post-fire construction costs in the community in which the structure existed before the fire and current building codes and standards. Compensatory damages may also include the cost of removing debris and burned trees, including hazardous materials or soils, stabilizing the land, replacing contents, and compensation for any decrease in the value of land on which the structure sat pursuant to paragraph (c)(3) of this section. (2) Reforestation and revegetation. Compensator… | ||||
| 44:44:1.0.1.5.61.3.10.3 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | C | Subpart C—Compensation Available Under the Hermit's Peak/Calf Canyon Fire Assistance Act | § 296.22-296.29 [Reserved] | FEMA | |||||
| 44:44:1.0.1.5.61.4.10.1 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.30 Establishing injuries and damages. | FEMA | (a) Burden of proof. The burden of proving injuries and damages rests with the claimant. A claimant may submit for the Administrative Record a statement explaining why the claimant believes that the injuries and damages are compensable and any documentary evidence supporting the claim. Claimants will provide documentation, which is reasonably available, including photographs and video, to corroborate the nature, extent, and value of their injuries and/or to execute affidavits in a form established by the Claims Office. FEMA may compensate a claimant for an injury in the absence of supporting documentation, in its discretion, on the strength of an affidavit or Proof of Loss executed by the claimant, if documentary evidence substantiating the injury is not reasonably available. FEMA may also require an inspection of real property. FEMA may request that a business claimant execute an affidavit, which states that the claimant will provide documentary evidence, including but not limited to income tax returns, if requested by the DHS Office of the Inspector General or the Government Accountability Office during an audit of the claim. (b) Proof of Loss. All claimants are required to attest to the nature and extent of each injury for which compensation is sought in the Proof of Loss. The Proof of Loss, which will be in a form specified by the Claims Office, must be signed by the claimant or the claimant's legal representative if the claimant is not an individual or is an individual who lacks the legal capacity to execute the Proof of Loss. The Proof of Loss must be signed under penalty of perjury. Non-subrogation claimants should submit a signed Proof of Loss to the Claims Office not later than 150 days after the date when the Notice of Loss was submitted. This deadline may be extended at the discretion of the Director of the Claims Office for good cause. If a non-subrogation claimant fails to submit a signed Proof of Loss within the timeframes set forth in this section and does not obtain an extension from the Dire… | ||||
| 44:44:1.0.1.5.61.4.10.2 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.31 Reimbursement of claim expenses. | FEMA | (a) FEMA will reimburse claimants for the reasonable costs they incur in providing documentation requested by the Claims Office. FEMA will also reimburse claimants for the reasonable costs they incur in providing appraisals, or other third-party opinions that the Claims Office deems necessary to determine the amount of the claim. FEMA will not reimburse claimants for the cost of appraisals or other third-party opinions not deemed necessary by the Claims Office. (b) FEMA will provide a lump sum payment for incidental expenses incurred in claims preparation to claimants that are awarded compensatory damages under the Act after a properly executed Release and Certification Form has been returned to the Claims Office. The amount of the lump sum payment will be the greater of $150 or 5% of the Act's compensatory damages and insurance proceeds recovered by the claimant for Hermit's Peak/Calf Canyon Fire related injuries (not including the lump sum payment or monies reimbursed under the Act for the purchase of flood insurance) but will not exceed $25,000. Subrogation claimants and claimants whose only Hermit's Peak/Calf Canyon Fire related loss is for flood insurance premiums will not be eligible. | ||||
| 44:44:1.0.1.5.61.4.10.3 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.32 Determination of compensation due to claimant. | FEMA | (a) Authorized Official's report. After the Claims Office has evaluated all elements of a claim as stated in the Proof of Loss, the Authorized Official will issue, and provide the claimant with a copy of, the Authorized Official's determination. (b) Claimant's options upon issuance of the Authorized Official's determination. Not later than 120 days after the date that appears on the Authorized Official's determination, the claimant must either accept the determination by submitting a Release and Certification Form to FEMA and/or initiate an Administrative Appeal in accordance with § 296.41. Claimants must sign the Release and Certification Form to receive payment on their claims (including for partial payments). The claimant will receive payment of compensation awarded by the Authorized Official after FEMA receives the completed Release and Certification Form. If the claimant does not either submit a Release and Certification Form to FEMA or initiate an Administrative Appeal no later than 120 days after the date that appears on the Authorized Official's determination, the claimant will be conclusively presumed to have accepted the Authorized Official's determination. The Director of the Claims Office may modify the deadlines set forth in this subsection at the request of a claimant for good cause shown. | ||||
| 44:44:1.0.1.5.61.4.10.4 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.33 Partial payments. | FEMA | The Claims Office at the request of a claimant may make one or more partial payments on any aspect of a claim that is severable. Receipt by a claimant of a partial payment is contingent on the claimant signing a Release and Certification Form for the severable part of the claim for which partial payment is being made. Acceptance of a partial payment in no way affects a claimant's ability to pursue an Administrative Appeal of the Authorized Official's determination or to pursue other rights afforded by the Act with respect to any portion of a claim for which a Release and Certification Form has not been executed. The Claims Office decision on whether to provide a partial payment cannot be appealed. | ||||
| 44:44:1.0.1.5.61.4.10.5 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.34 Supplementing claims. | FEMA | A claimant may amend the Notice of Loss to include additional claims at any time before signing a Proof of Loss. After the claimant has submitted a Proof of Loss and before submission of a Release and Certification Form, a claimant may request that the Director of the Claims Office consider one or more injuries not addressed in the Proof of Loss. The request must be submitted in writing to the Director of the Claims Office and received not later than the deadline for filing an Administrative Appeal under § 296.32 or November 14, 2024, whichever is earlier. It must be supported by the claimant's explanation of why the injury was not previously reported. If good cause is found to consider the additional injury, the Director will determine whether compensation is due to the claimant for the Loss under the Administrative Appeal procedures described in § 296.41. | ||||
| 44:44:1.0.1.5.61.4.10.6 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.35 Reopening a claim. | FEMA | The Director of the Claims Office may reopen a claim if requested to do so by the claimant, notwithstanding the submission of the Release and Certification Form, for the limited purpose of considering issues raised by the request to reopen if, not later than November 14, 2025, the claimant desires heightened risk reduction compensation in accordance with § 296.21(e)(5) or the claimant closed the sale of real property and wishes to present a claim for decrease in the value of the real property under § 296.21(c)(3). Claimants may request to reopen claims where the claimant has incurred additional losses under § 296.21(c)(1) as part of a reconstruction in excess of those previously awarded or the Director of the Claims Office otherwise determines that claimant has demonstrated good cause no later than the deadline established by the Director of the Claims Office as published in the Federal Register and at https://www.fema.gov/hermits-peak. | ||||
| 44:44:1.0.1.5.61.4.10.7 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.36 Access to records. | FEMA | For purpose of audit and investigation, a claimant will grant the DHS Office of the Inspector General and the Comptroller General of the United States access to any property that is the subject of a claim and to any and all books, documents, papers, and records (including any relevant tax records) maintained by a claimant or under the claimant's control pertaining or relevant to the claim. | ||||
| 44:44:1.0.1.5.61.4.10.8 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.37 Confidentiality of information. | FEMA | Confidential information submitted by individual claimants is protected from disclosure to the extent permitted by the Privacy Act. These protections are described in the Privacy Act Notice provided with the Notice of Loss. Other claimants should consult with FEMA concerning the availability of confidentiality protection under exemptions to the Freedom of Information Act and other applicable laws before submitting confidential, proprietary or trade secret information. | ||||
| 44:44:1.0.1.5.61.4.10.9 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | D | Subpart D—Claims Evaluation | § 296.38-296.39 [Reserved] | FEMA | |||||
| 44:44:1.0.1.5.61.5.10.1 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | E | Subpart E—Dispute Resolution | § 296.40 Scope. | FEMA | This subpart describes a claimant's right to bring an Administrative Appeal in response to the Authorized Official's Determination. It also describes the claimant's right to pursue arbitration or seek judicial review following an Administrative Appeal. | ||||
| 44:44:1.0.1.5.61.5.10.2 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | E | Subpart E—Dispute Resolution | § 296.41 Administrative appeal. | FEMA | (a) Notice of appeal. A claimant may request that the Director of the Claims Office review the Authorized Official's determination by written request to the Appeals Docket, Office of Hermit's Peak/Calf Canyon Claims, postmarked or delivered within 120 days after the date that appears on the Authorized Official's determination pursuant to § 296.32. The claimant will submit along with the notice of appeal a statement explaining why the Authorized Official's determination was incorrect. Information regarding where to file can be found at http://www.fema.gov/hermits-peak. (b) Acknowledgement of appeal. The Claims Office will acknowledge receipt of an appeal. Following the receipt of a timely filed appeal, the Director of the Claims Office will obtain the Administrative Record from the Authorized Official and transmit a copy to the claimant. (c) Supplemental filings. The claimant may supplement their statement accompanying the appeal and provide any additional documentary evidence supporting the appeal within 60 days after the date when the appeal is filed. The Director of the Claims Office may extend these timeframes or authorize additional filings either on their own initiative or in response to a request by the claimant for good cause shown. (d) Admissible evidence. The claimant may rely upon any relevant evidence to support the appeal, regardless of whether the evidence was previously submitted to the Claims Reviewer for consideration by the Authorized Official. (e) Obtaining evidence. The Director of the Claims Office may request from the claimant or from the Authorized Official any additional information that is relevant to the issues posed by the appeal in their discretion. (f) Conferences. The Director of the Claims Office may schedule a conference to gain a better understanding of the issues or to explore settlement or compromise possibilities. The claimant may also request a conference. Conferences will generally be conducted virtually. In limited circumstances, the Director may convene an … | ||||
| 44:44:1.0.1.5.61.5.10.3 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | E | Subpart E—Dispute Resolution | § 296.42 Arbitration. | FEMA | (a) Initiating arbitration. A claimant who is dissatisfied with the outcome of the Administrative Appeal may elect to submit the dispute to a binding arbitration process. A claimant may initiate arbitration by submitting a written request to the Arbitration Administrator for Hermit's Peak/Calf Canyon Claims. Additional information regarding how to submit a written arbitration request can be found at http://www.fema.gov/hermits-peak. The written request for arbitration must be electronically stamped or postmarked no later than 60 days after the date that appears on the Administrative Appeal decision. (b) Permissible claims. A claimant may not arbitrate an issue unless it was raised and decided in the Administrative Appeal. Arbitration will be conducted on the evidence in the Administrative Record. Evidence not previously entered into the Administrative Record will not be considered. (c) Selection of arbitrator. The Arbitration Administrator will maintain a list of qualified arbitrators who have agreed to serve. The arbitration will be decided by one arbitrator if the amount in dispute is $500,000 or less and a panel of three arbitrators if the amount in dispute exceeds $500,000. Arbitrators will be assigned by the Arbitration Administrator through a random drawing. (d) Conduct of arbitration. Pursuant to guidelines from the Arbitration Administrator, which will be provided directly to claimants who have filed a request for arbitration, the arbitration process will include an arbitration hearing with consideration of the claimant's written request for arbitration, the Administrative Record, and oral testimony. Hearings will generally be conducted virtually. In limited circumstances, the arbitrator may convene an in-person hearing at a location in New Mexico designated by the Arbitration Administrator. (e) Decision. After a hearing and reviewing the evidence, the arbitrator(s) will render a written decision and will transmit the decision to the Arbitration Administrator, the claimant, and the Directo… | ||||
| 44:44:1.0.1.5.61.5.10.4 | 44 | Emergency Management and Assistance | I | E | 296 | PART 296—HERMIT'S PEAK/CALF CANYON FIRE ASSISTANCE | E | Subpart E—Dispute Resolution | § 296.43 Judicial review. | FEMA | 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. Pursuant to section 104(i) of the Act, the court may only consider evidence in the Administrative Record. The court will uphold FEMA's decision if it is supported by substantial evidence on the record considered as a whole. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);