State licensing agency written notice of its decision and the State licensing agency shall, within fifteen days from the date of such notice, give the constituent and the Secretary written notices of its appeal.

(b) Upon appeal, full investigation shall be undertaken. The State licensing agency shall be given opportunity to present information; a full report shall be obtained from the constituent; and the Vocational Rehabilitation Administration shall be consulted. The decision of the Secretary shall be rendered within ninety days of the filing of the appeal. The State licensing agency shall be promptly notified of the decision and of the action taken thereon. The decision of the Secretary shall be final. [28 F.R. 7594, July 26, 1963]

§ 20.6 Termination of other existing arrangements for vending stands.

(a) When a permit is issued to a State licensing agency for operation of a vending stand on any property location, steps shall be taken to terminate any existing arrangement for the sale of articles by other than a licensed blind person which are not permitted to be sold under § 20.2 (d). In terminating a permit, contract, or other arrangement with other than a State licensing agency, notice shall be given as required under the terms of the arrangement, or if none is provided, a reasonable notice of termination may be given in the discretion of the constituent.

(b) In the application of this section, this Department will cooperate with the non-licensed vendor and the licensing agency to prevent interruption of vending stand service, or where interruption is necessary in preparing for the vending stand for which a permit is issued, to keep such interruption to a minimum. 20.7 Constituents to maintain procedures for assuring preference.

(a) The head of each constituent of this Department in control of the maintenance, operation, and protection of any Federal property shall maintain the procedures to insure compliance with the regulations of this part.

(b) A constituent shall designate a representative for each property location under its control to cooperate with the State licensing agency.

(c) The State licensing agency of the State in which the property is located shall be notified in writing of the name of such representative.

(d) The representative will make such joint surveys with the State licensing agency as it may request to ascertain whether, and if so, in what locations, vending stands may be properly, profitably, and satisfactorily operated by blind persons.

(e) Such alterations or repairs as are reasonable and feasible in order to accommodate the vending stand will be made.

§ 20.8 Definitions.

As used in this part, the following terms shall have the meaning indicated:

(a) "Act" means the RandolphSheppard Vending Stand Act (Public Law 732, 74th Congress, 49 Stat. 1559, as amended by Public Law 565, 83d Congress, 68 Stat. 663; 20 U.S.C. 107, chapter 6A).

(b) "Secretary" means the Secretary of Health, Education, and Welfare.

(c) "Constituent" means the Public Health Service, Social Security Administration, Food and Drug Administration, Office of Education, Office of Vocational Rehabilitation, Saint Elizabeths Hospital and such comparable administrative units as may hereafter be formed. Where this Department is in control of the maintenance, operation, and protection of Federal property, but such property is not operated by a constituent as defined above, the Director of the Division of Administration of the Department shall exercise the authority and responsibility of a constituent under this part with respect to such property.

(d) "Federal property" means any building, land, or other real property owned, leased, or occupied by any department or agency of the United States or any instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any Territory or possession of the United States.

(e) "Property" or "property location," unless the context indicates otherwise, means any real property location of which this Department, or a constituent thereof is in control of the maintenance, operation, and protection.

(f) "Permit," unless the context indicates otherwise, means the official authorization given by a constituent on behalf of the United States Government to carry out the statutory policy described in this part, whereby the State licensing agency is authorized to place a

licensed blind person (or persons) to operate a vending stand (or stands).

(g) "Denial of a permit” shall include the termination of a permit or the refusal to renew a permit.

(h) "Vending stand," unless the context indicates otherwise, means:

(1) Such shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment as are necessary for the vending of such articles as may be approved by the State licensing agency and the constituent.

(2) Manual or coin-operated vending machines or similar devices for vending such articles.

(i) "State licensing agency" means the State agency designated by the Director of the Office of Vocational Rehabilitation pursuant to the act to issue licenses to blind persons for the operation of vending stands on Federal and other properties.

(j) "Licensed blind person" means a blind person licensed to operate a vending stand on Federal or other property by a State licensing agency.

Sec.

30.1

PART 30-CLAIMS COLLECTION

Incorporation by reference. 30.2 Scope of regulations. 30.3

Delegation of authority.

AUTHORITY: The provisions of this Part 30 issued under sec. 3, Federal Claims Collection Act of 1966, Public Law 89-508, 80 Stat. 309, 31 U.S.C. 951-953; Joint Regulations of GAO and Department of Justice, 4 CFR Ch. II Parts 101-105; Statement of Organization and Delegation of Authority of the Department as amended, 31 F.R. 16375.

SOURCE: The provisions of this Part 30 appear at 32 F.R. 17891, Dec. 14, 1967, unless otherwise noted.

§ 30.1 Incorporation by reference.

The regulations of this part incorporate herein and supplement as necessary for Department operation all provisions of the Joint Regulations issued by the Comptroller General of the United States and the Attorney General of the United States under section 3 of the Federal Claims Collection Act of 1966, which prescribes standards for administrative collection of civil claims by the Government as well as compromise, suspension, or termination of agency collection action, with respect to claims not exceeding $20,000 exclusive of inter

est, and the referral to the General Accounting Office, and to the Department of Justice for litigation, of civil claims by the Government.

§ 30.2 Scope of regulations.

The standards set forth in this chapter are not applicable where standards are prescribed under statutes other than the Federal Claims Collection Act of 1966, for compromise or termination of collection action, or waiver in whole or in part of claims thereunder.

§ 30.3

Delegation of authority.

(a) The Department Claims Officer shall collect, compromise, suspend or terminate claims in accordance with the provisions of this part.

(b) The appropriate office, local, regional, or headquarters shall take all necessary administrative action required under the Act and Joint Regulations, except that, with respect to claims of $100 or more, no compromise of a claim shall be effected, nor collection action suspended or terminated except upon prior approval of the Department Claims Officer or upon his specific delegation. [32 F.R. 17891, Dec. 14, 1967, as amended at 33 F.R. 17292, Nov. 22, 1968]

Federal Tort Claims Act, as amended, 28 U.S.C. sections 2671-2680, accruing on or after January 18, 1967, for money damages against the United States for damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Department of Health, Education, and Welfare while acting within the scope of his office or employment.

Subpart B-Procedures

§ 35.2 Administrative claim; when presented; place of filing.

(a) For purposes of the regulations in this part, a claim shall be deemed to have been presented when the Department of Health, Education, and Welfare receives, at a place designated in paragraph (b) of this section, an executed Standard Form 95 or other written notification of an incident accompanied by a claim for money damages in a sum certain for damage to or loss of property, for personal injury, or for death, alleged to have occurred by reason of the incident. A claim which should have been presented to the Department but which was mistakenly addressed to or filed with another Federal agency, shall be deemed to be presented to the Department as of the date that the claim is received by the Department. A claim mistakenly addressed to or filed with the Department shall forthwith be transferred to the appropriate Federal agency, if ascertainable, or returned to the claimant.

(b) Forms may be obtained and claims may be filed with the office, local, regional, or headquarters, of the constituent organization having jurisdiction over the employee involved in the accident or incident, or with the Department of Health, Education, and Welfare Claims Officer, Washington, D.C. 20201. § 35.3 Administrative claim; who may file.

(a) A claim for injury to or loss of property may be presented by the owner of the property interest which is the subject of the claim, his duly authorized 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

representative.

(c) A claim based on death may be presented by the executor or administrator of the decedent's estate or by any

other person legally entitled to assert such a claim under 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 insurer or the insured individually, as their respective interests appear, 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.

or

(e) A claim presented by an agent 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, administrator, parent, guardian, or other representative.

§ 35.4 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 payments 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 prognosis, period of hospitalization, and any diminished earning capacity. In addition, the claimant may be required to submit to a physical or mental examination by a physician employed or designated by the Department or the constituent organization. A copy of the report of the examinging physician shall be made available to the claimant upon the claimant's written request provided that claimant has, upon request, furnished the report referred to in the first sentence of this subparagraph and has made or agrees to make available to the Department or the operating agency any other physician's reports previously or thereafter made of the physical or mental condition which is the subject matter of his claim.

(2) Itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses.

(3) If the prognosis reveals the necessity for future treatment, a statement of expected duration of and expenses for such treatment.

(4) If a claim is made for loss of time from employment, a written statement from his employer 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 income and the claimant is self-employed, documentary evidence showing the amount of earnings actually lost.

(6) Any other evidence or information which may have a bearing on either the responsibility of the United States for the personal injury or the damages claimed.

(c) Property damage. In support of a claim for damage to or loss of property,

real or personal, the claimant may be required to submit the following evidence or information:

(1) Proof of ownership.

(2) A detailed statement of the amount claimed with respect to each item of property.

(3) An itemized receipt of payment for necessary repairs or itemized written estimates of the cost of such repairs.

(4) A statement listing date of purchase, purchase price, market value of the property as of date of damage, and salvage value, where repair is not economical.

(5) Any other evidence or information which may have a bearing either on the responsibility of the United States for the injury to or loss of property or the damages claimed.

(d) Time limit. All evidence required to be submitted by this section shall be furnished by the claimant within a reasonable time. Failure of a claimant to furnish evidence necessary to a determination of his claim within three months after a request therefor has been mailed to his last known address may be deemed an abandonment of the claim. The claim may be thereupon disallowed. § 35.5 Investigation, examination, and determination of claims.

When a claim is received, the constituent agency out of whose activities the claim arose shall make such investigation as may be necessary or appropriate for a determination of the validity of the claim and thereafter shall forward the claim, together with all pertinent material, and a recommendation based on the merits of the case, with regard to allowance or disallowance of the claim, to the Department Claims Officer to whom authority has been delegated to adjust, determine, compromise and settle all claims hereunder.

§ 35.6 Final denial of claim.

Final denial of an administrative claim shall be in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the Department's action, he may file suit in an appropriate U.S. District Court not later