28 Cfr 14.2

Department of Justice

§ 14.2

14.3
14.4

Administrative claim; who may file.
Administrative claims; evidence and information to be submitted.
14.5 Review by legal officers.
14.6 Dispute resolution techniques and limitations on agency authority.
14.7 [Reserved]
14.8 Investigation and examination.
14.9 Final denial of claim.
14.10 Action on approved claims.
14.11 Supplementing regulations.
APPENDIX TO PART 14—DELEGATIONS OF SETTLEMENT AUTHORITY
AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 509, 510,
and 2672.
SOURCE: Order No. 371–66, 31 FR 16616, Dec.
29, 1966, unless otherwise noted.

§ 14.1 Scope of regulations.
These regulations shall apply only to
claims asserted under the Federal Tort
Claims Act. The terms Federal agency
and agency, as used in this part, include the executive departments, the
military departments, independent establishments of the United States, and
corporations primarily acting as instrumentalities or agencies of the
United States but do not include any
contractor with the United States.
[Order No. 960–81, 46 FR 52355, Oct. 27, 1981]

§ 14.2 Administrative claim; when presented.
(a) For purposes of the provisions of
28 U.S.C. 2401(b), 2672, and 2675, a claim
shall be deemed to have been presented
when a Federal agency receives from a
claimant, his duly authorized agent or
legal representative, an executed
Standard Form 95 or other written notification of an incident, accompanied
by a claim for money damages in a sum
certain for injury to or loss of property, personal injury, or death alleged
to have occurred by reason of the incident; and the title or legal capacity of
the person signing, and is accompanied
by evidence of his authority to present
a claim on behalf of the claimant as
agent, executor, administrator, parent,
guardian, or other representative.
(b)(1) A claim shall be presented to
the Federal agency whose activities
gave rise to the claim. When a claim is
presented to any other Federal agency,
that agency shall transfer it forthwith
to the appropriate agency, if the proper
agency can be identified from the
claim, and advise the claimant of the

transfer. If transfer is not feasible the
claim shall be returned to the claimant. The fact of transfer shall not, in
itself, preclude further transfer, return
of the claim to the claimant or other
appropriate disposition of the claim. A
claim shall be presented as required by
28 U.S.C. 2401(b) as of the date it is received by the appropriate agency.
(2) When more than one Federal
agency is or may be involved in the
events giving rise to the claim, an
agency with which the claim is filed
shall contact all other affected agencies in order to designate the single
agency which will thereafter investigate and decide the merits of the
claim. In the event that an agreed upon
designation cannot be made by the affected agencies, the Department of Justice shall be consulted and will thereafter designate an agency to investigate and decide the merits of the
claim. Once a determination has been
made, the designated agency shall notify the claimant that all future correspondence concerning the claim shall
be directed to that Federal agency. All
involved Federal agencies may agree
either to conduct their own administrative reviews and to coordinate the
results or to have the investigations
conducted by the designated Federal
agency, but, in either event, the designated Federal agency will be responsible for the final determination of the
claim.
(3) A claimant presenting a claim
arising from an incident to more than
one agency should identify each agency
to which the claim is submitted at the
time each claim is presented. Where a
claim arising from an incident is presented to more than one Federal agency without any indication that more
than one agency is involved, and any
one of the concerned Federal agencies
takes final action on that claim, the
final action thus taken is conclusive on
the claims presented to the other agencies in regard to the time required for
filing suit set forth in 28 U.S.C. 2401(b).
However, if a second involved Federal
agency subsequently desires to take
further action with a view towards settling the claim the second Federal
agency may treat the matter as a request for reconsideration of the final
denial under 28 CFR 14.9(b), unless suit

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§ 14.3

28 CFR Ch. I (7–1–14 Edition)

has been filed in the interim, and so advise the claimant.
(4) If, after an agency final denial,
the claimant files a claim arising out
of the same incident with a different
Federal agency, the new submission of
the claim will not toll the requirement
of 28 U.S.C. 2401(b) that suit must be
filed within six months of the final denial by the first agency, unless the second agency specifically and explicitly
treats the second submission as a request for reconsideration under 28 CFR
14.9(b) and so advises the claimant.
(c) A claim presented in compliance
with paragraph (a) of this section may
be amended by the claimant at any
time prior to final agency action or
prior to the exercise of the claimant’s
option 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
agency shall have six 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 six months after the filing of an
amendment.
[Order No. 870–79, 45 FR 2650, Jan. 14, 1980, as
amended by Order No. 960–81, 46 FR 52355,
Oct. 27, 1981; Order No. 1179–87, 52 FR 7411,
Mar. 11, 1987]

§ 14.3 Administrative claim; who may
file.
(a) A claim for injury to or loss of
property may be presented by the
owner of the property, his duly authorized agent or legal representative.
(b) A claim for personal injury may
be presented by the injured person, his
duly authorized agent, or legal representative.
(c) A claim based on death may be
presented by the executor or administrator of the decendent’s estate, or by
any other person legally entitled to assert such a claim in accordance with
applicable State law.
(d) A claim for loss wholly compensated by an insurer with the rights
of a subrogee may be presented by the
insurer. A claim for loss partially compensated by an insurer with the rights
of a subrogee may be presented by the

parties individually as their respective
interests appear, or jointly.
[Order No. 371–66, 31 FR 16616, Dec. 29, 1966, as
amended by Order No. 1179–87, 52 FR 7412,
Mar. 11, 1987]

§ 14.4 Administrative claims; evidence
and information to be submitted.
(a) Death. In support of a claim based
on death, the claimant may be required
to submit the following evidence or information:
(1) An authenticated death certificate or other competent evidence showing cause of death, date of death, and
age of the decedent.
(2) Decedent’s employment or occupation at time of death, including his
monthly or yearly salary or earnings
(if any), and the duration of his last
employment or occupation.
(3) Full names, addresses, birth dates,
kinship, and marital status of the decedent’s survivors, including identification of those survivors who were dependent for support upon the decedent
at the time of his death.
(4) Degree of support afforded by the
decedent to each survivor dependent
upon him for support at the time of his
death.
(5) Decedent’s general physical and
mental condition before death.
(6) Itemized bills for medical and burial expenses incurred by reason of the
incident causing death, or itemized receipts of payment for such expenses.
(7) If damages for pain and suffering
prior to death are claimed, a physician’s detailed statement specifying
the injuries suffered, duration of pain
and suffering, any drugs administered
for pain, and the decedent’s physical
condition in the interval between injury and death.
(8) Any other evidence or information
which may have a bearing on either the
responsibility of the United States for
the death or the damages claimed.
(b) Personal injury. In support of a
claim for personal injury, including
pain and suffering, the claimant may
be required to submit the following
evidence or information:
(1) A written report by his attending
physician or dentist setting forth the
nature and extent of the injury, nature
and extent of treatment, any degree of
temporary or permanent disability, the

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