28 CFR Part 801 — Federal Tort Claims Act Procedure

PART 801—FEDERAL TORT CLAIMS ACT PROCEDURE Authority: 5 U.S.C. 301; Pub. L. 105-33, 111 Stat. 251, 712 (D.C. Code 24-1233); 28 CFR 14.11. Source: 67 FR 57948, Sept. 13, 2002, unless otherwise noted. § 801.1 Claims filed under the Federal Tort Claims Act. If an agency employee is acting within the scope of his or her employment and causes injury to a member of the public, any claim for money damages for personal injury, death, damage to property, or loss of property caused by the employee's negligent or wrongful act or omission is a claim against the United States and must first be presented by the injured party to the appropriate federal agency for administrative action under the Federal Tort Claims Act. General provisions for processing such administrative claims are contained in 28 CFR part 14. The provisions in this part supplement the general provisions in order to describe specific procedures to follow when filing a claim with the Court Services and Offender Supervision Agency for the District of Columbia (“CSOSA”) or the District of Columbia Pretrial Services Agency (“PSA”). § 801.2 Filing a claim. (a) Who may file the claim? (b) What information do you need to submit in your claim? http://www.usdoj.gov/civil/forms/forms.htm. (2) If you do not use the SF 95, you must submit written notification of the incident that resulted in the injury, loss, or damage. Along with this notification, you must present a claim for money damages in a sum certain (that is, a precise dollar amount) for injury to or loss of property, personal injury, or death alleged to have occurred on the basis of the incident. Failure to include the precise dollar amount for your claim may mean that you will have difficulty pursuing your claim in court. (c) Where do you submit the claim? (d) When must you submit the claim? (e) May you amend your claim? § 801.3 Processing the claim. (a) Will CSOSA/PSA contact you about your claim? (2) If you have failed to include all necessary information, CSOSA/PSA will return your claim to you with a request for the necessary additional information. (3) If your claim should have been filed with another agency, CSOSA/PSA will forward the claim to the appropriate agency and notify you of the transfer, or return the claim to you if the appropriate agency cannot be determined or if the transfer is otherwise not feasible. (b) Who is responsible for offering settlement or denial on the claim? (c) How long does CSOSA/PSA have to consider your claim? (d) Will appreciation or depreciation be considered? § 801.4 Final disposition of claim. (a) What if you accept the settlement offer? (b) What if your claim is denied? (2) If your claim is denied or you reject the settlement offer, you have 6 months from the date of mailing of CSOSA/PSA's notice of denial to file a civil action in the appropriate U.S. District Court. (c) What if you do not hear from CSOSA/PSA within 6 months of the filing date?

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