HUD 24 CFR PART 17-2011 ADMINISTRATIVE CLAIMS《行政索赔》.pdf

1、209 Office of the Secretary, HUD Pt. 17 the Privacy Act, for the reasons stated below. (1) From subsection (d)(1) because re-lease would reveal the identity of a source who furnished information to the Government under an express promise of confidentiality. Revealing the identity of a confidential s

2、ource could impede future cooperation by sources, and could result in harassment or harm to such sources. 42 FR 49810, Sept. 28, 1977, as amended at 59 FR 9407, Feb. 28, 1994 PART 17ADMINISTRATIVE CLAIMS Subpart AClaims Against Government Under Federal Tort Claims Act GENERAL PROVISIONS Sec. 17.1 Sc

3、ope; definitions. PROCEDURES 17.2 Administrative claim; when presented; appropriate HUD office. 17.3 Administrative claim; who may file. 17.4 Administrative claim; evidence and in-formation to be submitted. 17.5 Investigations. 17.6 Claims investigation. 17.7 Authority to adjust, determine, com-prom

4、ise, and settle claims. 17.8 Limitations on authority. 17.9 Referral to Department of Justice. 17.11 Final denial of claim. 17.12 Action on approved claim. Subpart BClaims Under the Military Per-sonnel and Civilian Employees Claims Act of 1964 17.40 Scope and purpose. 17.41 Claimants. 17.42 Time lim

5、itations. 17.43 Allowable claims. 17.44 Restrictions on certain claims. 17.45 Unallowable claims. 17.46 Claims involving carriers or insurers. 17.47 Settlement of claims. 17.48 Computation of amount of award. 17.49 Attorneys fees. 17.50 Claims procedures. Subpart CProcedures for the Collection of Cl

6、aims by the Government GENERAL PROVISIONS 17.60 Scope and definitions. 17.61 Incorporation of joint standards by reference. 17.62 Subdivision and joining of claims. 17.63 Authority of offices to attempt collec-tion of claims. 17.64 Referral of claims to the Assistant Secretary for Administration. 17

7、.65 Authority of offices to compromise claims or suspend or terminate collec-tion action. 17.66 Department claims officer. 17.67 Claims files. 17.68 Monthly report of collection action. 17.69 Accounting control. 17.70 Record retention. 17.71 Suspension or revocation of eligi-bility. 17.72 Methods of

8、 collection and imposition of late charges. 17.73 Standards for compromise of claims. 17.74 Standards for suspension or termi-nation of collection action. 17.75 Referral to GAO or Justice Depart-ment. 17.76 Disclosure to a consumer reporting agency. 17.77 Contracts for collection services. ADMINISTR

9、ATIVE OFFSET PROVISIONS 17.100 Scope. 17.101 Coordinating administrative offset with another Federal agency. 17.102 Notice requirements before offset. 17.103 Exceptions to notice requirements. 17.104 Review within the Department of a determination of indebtedness. 17.105 Review of departmental recor

10、ds re-lated to the debt. 17.106 Written agreement to repay debt as alternative to administrative offset. 17.107 Stay of offset. 17.108 Types of review. 17.109 Review procedures. 17.110 Determination of indebtedness and appeal from determination. 17.111 Procedures for administrative offset: single de

11、bt. 17.112 Procedures for administrative offset: multiple debts. 17.113 Procedures for administrative offset: interagency cooperation. 17.114 Procedures for administrative offset: time limitation. 17.115 Procedures for administrative offset: offset against amounts payable from Civil Service Retireme

12、nt and Disability Fund. 17.116 Procedures for administrative offset: offset of debtors judgment against the United States. 17.117 Procedures for administrative offset: imposition of interest. 17.118 Miscellaneous provisions: correspond-ence with the Department. SALARY OFFSET PROVISIONS 17.125 Scope.

13、 17.126 Coordinating offset with another Fed-eral agency. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-210

14、 24 CFR Subtitle A (4111 Edition) 17.1 17.127 Determination of indebtedness. 17.128 Notice requirements before offset. 17.129 Request for a hearing. 17.130 Result if employee fails to meet dead-lines. 17.131 Written decision following a hearing. 17.132 Review of departmental records re-lated to the

15、debt. 17.133 Written agreement to repay debt as alternative to salary offset. 17.134 Procedures for salary offset: when de-ductions may begin. 17.135 Procedures for salary offset: types of collection. 17.136 Procedures for salary offset: methods of collection. 17.137 Procedures for salary offset: im

16、posi-tion of interest. 17.138 Non-waiver of rights. 17.139 Refunds. 17.140 Miscellaneous provisions: correspond-ence with the Department. IRS TAX REFUND AND FEDERAL PAYMENT OFFSET PROVISIONS AND ADMINISTRATIVE WAGE GARNISHMENT 17.150 Scope. 17.151 Notice requirements before offset. 17.152 Review wit

17、hin the Department of a determination that an amount is past- due and legally enforceable. 17.153 Determination of the Administrative Judge. 17.154 Postponements, withdrawals and ex-tensions of time. 17.155 Review of departmental records re-lated to the debt. 17.156 Stay of offset. 17.157 Applicatio

18、n of offset funds: Single debt. 17.158 Application of offset funds: Multiple debts. 17.159 Application of offset funds: Federal payment is insufficient to cover amount of debt. 17.160 Time limitation for notifying the De-partment of the Treasury to request off-set of Federal payments due. 17.161 Cor

19、respondence with the Department. ADMINISTRATIVE WAGE GARNISHMENT 17.170 Administrative wage garnishment. AUTHORITY: 28 U.S.C. 2672; 31 U.S.C. 3711, 371618, 3721, and 5 U.S.C. 5514; 42 U.S.C. 3535(d). Subpart AClaims Against Gov-ernment Under Federal Tort Claims Act AUTHORITY: 5 U.S.C. 5514; 28 U.S.C

20、. 2672; 31 U.S.C. 3711, 37163718, 3721; 42 U.S.C. 3535(d). SOURCE: 36 FR 24427, Dec. 22, 1971, unless otherwise noted. GENERAL PROVISIONS 17.1 Scope; definitions. (a) This subpart applies to claims as-serted under the Federal Tort Claims Act, as amended, accruing on or after January 18, 1967, for mo

21、ney damages against the United States for injury to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of an officer or employee of the Department while acting within the scope of his office or employment. (b) This subpart is issued subject to and con

22、sistent with applicable regula-tions on administrative claims under the Federal Tort Claims Act issued by the Attorney General (31 FR 16616; 28 CFR part 14). (c) The terms Department and Organi-zational unit are defined in 24 CFR part 5. 36 FR 24427, Dec. 22, 1971, as amended at 61 FR 5204, Feb. 9,

23、1996 PROCEDURES 17.2 Administrative claim; when pre-sented; appropriate HUD office. (a) For purposes of this subpart, a claim shall be deemed to have been presented when the Department re-ceives, at a place designated in para-graph (b) of this section, an executed Claim for Damages or Injury, Standa

24、rd 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, for personal injury, or for death alleged to have occurred by reason of the inci-dent. A claim which should have been presented to the Department, bu

25、t which was mistakenly addressed to or filed with another Federal agency, is deemed to be presented to the Depart-ment as of the date that the claim is received by the Department. If a claim is mistakenly addressed to or filed with the Department, the Department shall forthwith transfer it to the ap

26、propriate Federal agency, if ascertainable, or re-turn it to the claimant. (b) A claimant shall mail or deliver his claim to the office of employment of the Department employee or em-ployees whose negligent or wrongful act or omission is alleged to have VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077

27、PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-211 Office of the Secretary, HUD 17.4 caused the loss or injury complained of. Where such office of employm

28、ent is the Department Central Office in Washington, or is not reasonably known and not reasonably ascertain-able, claimant shall file his claim with the Assistant Secretary for Adminis-tration, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410. In all other ca

29、ses, claimant shall address his claim to the head of the appropriate office, the address of which will generally be found listed in the local telephone di-rectory. 17.3 Administrative claim; who may file. (a) A claim for injury to or loss of property may be presented by the owner of the property, hi

30、s duly author-ized agent, or his legal representative. (b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his legal rep-resentative. (c) A claim based on death may be presented by the executor or adminis-trator of the decedents estate, or by any oth

31、er person legally entitled to as-sert such a claim in accordance with applicable State law. (d) A claim for loss wholly com-pensated by an insurer with the rights of a subrogee may be presented by the insurer. A claim for loss partially com-pensated by an insurer with the rights of a subrogee may be

32、 presented by the insurer or the insured individually, as their respective interests appear, or jointly. Whenever an insurer presents a claim asserting the rights of a subrogee, he shall present with his claim appropriate evidence that he has the rights of a subrogee. (e) A claim presented by an age

33、nt or legal representative shall be presented in the name of the claimant, be signed by the agent or legal representative, show the title or legal capacity of the person signing, and be accompanied by evidence of his authority to present a claim on behalf of the claimant as agent, executor, administ

34、rator, parent, guardian, or other representative. 17.4 Administrative claim; evidence and information to be submitted. (a) 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 wri

35、tten 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 prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be re-qui

36、red to submit to a physical or men-tal examination by a physician em-ployed or designated by the Depart-ment or another Federal agency. A copy of the report of the examining physician shall be made available to the claimant upon the claimants writ-ten request provided that he has, upon request, furn

37、ished the report referred to in the first sentence of this subpara-graph and has made or agrees to make available to the Department any other physicians report previously or there-after made of the physical or mental condition which is the subject matter of his claim; (2) Itemized bills for medical,

38、 dental, and hospital expenses incurred, or itemized receipts of payment for such expenses; (3) If the prognosis reveals the neces-sity for future treatment, a statement of expected expenses for such treat-ment; (4) If a claim is made for loss of time from employment, a written statement from his em

39、ployer showing actual time lost from employment, whether he is a full- or part-time employee, and wages or salary actually lost; (5) If a claim is made for loss of in-come and the claimant is self-em-ployed, documentary evidence showing the amount of earnings actually lost; (6) Any other evidence or

40、 information which may have a bearing on either the responsibility of the United States for the personal injury or the damages claimed. (b) Death. In support of a claim based on death, the claimant may be required to submit the following evidence or in-formation: VerDate Mar2010 08:31 Apr 29, 2011 J

41、kt 223077 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-212 24 CFR Subtitle A (4111 Edition) 17.5 (1) An authenticated death certifi-cate or other compet

42、ent evidence show-ing cause of death, date of death, and age of the decedent; (2) Decedents employment or occu-pation 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,

43、 and marital status of the dece-dents survivors, including identifica-tion of those survivors who were de-pendent 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) Deced

44、ents general physical and mental condition before death; (6) Itemized bills for medical and bur-ial expenses incurred by reason of the incident causing death, or itemized re-ceipts of payment for such expenses; (7) If damages for pain and suffering prior to death are claimed, a physi-cians detailed

45、statement specifying the injuries suffered, duration of pain and suffering, any drugs administered for pain, and the decedents physical condition in the interval between in-jury and death; (8) Any other evidence or information which may have a bearing on either the responsibility of the United State

46、s for the death or the damages claimed. (c) Property damage. In support of a claim for injury to or loss of property, real or personal, the claimant may be required to submit the following evi-dence or information: (1) Proof of ownership; (2) A detailed statement of the amount claimed with respect t

47、o each item of property; (3) An itemized receipt of payment for necessary repairs or itemized writ-ten estimates of the cost of such re-pairs; (4) A statement listing date of pur-chase, purchase price, and salvage value where repair is not economical; (5) Any other evidence or information which may

48、have a bearing on either the responsibility of the United States for the injury to or loss of property or the damages claimed. 17.5 Investigations. The Department may investigate, or may request any other Federal agency to investigate, a claim filed under this subpart. 17.6 Claims investigation. (a)

49、 When a claim has been filed with the Department, the head of the orga-nizational unit concerned or his des-ignee shall designate one employee in that unit who shall act as, and who shall be referred to herein as, the Claims Investigating Officer for that particular claim. When a claim is re-ceived by the head of an organizational unit to which this subpart applies, it shall be forwarded with or without comment to the designated Claims In-vestigating Officer,