(a) A claim must be in writing and include the amount claimed.

(b) Whenever practicable, a claimant should submit a claim in the format specified and on the forms provided by the Fund Claims Adjuster.

(c) Each claim must be signed in ink by the claimant or an authorized agent or legal representative of the claimant.

(d) A claim presented by an agent or legal representative must be presented in the name of the claimant, showing the title or legal capacity of the agent or representative.

§ 136.113 Subrogation.

(a) The claims of subrogor (insured) and subrogee (insurer) for damages arising out of the same incident constitute a single claim.

(b) A subrogor and subrogee may file a claim jointly or individually. If a joint claim is made, it must be signed by all parties in interest.

(c) A fully subrogated claim is payable only to the subrogee.

(a) A claimant seeking damages must establish

(1) The nature and extent of economic loss incurred;

(2) When and how the economic loss was incurred;

(3) That the cause of the economic loss was oil pollution;

(4) That the source of the oil pollu tion was an offshore facility or vessel; and

(5) The actions taken to avoid or minimize the effects of the oil pollution.

(b) A claimant seeking cleanup costs must establish that the cleanup costs incurred were the consequence of or in response to an incident.

(4) Whether a claim has been or will be presented to an insurer, and if so, the amount of the claim and the name of the insurer; and

(5) Whether any insurer has paid the claim in full or in part, or has indicated whether or not payment will be made.

§ 136.123 Other compensation.

(a) A claimant must include with each claim an accounting, including source and value, of all other compensation received as a consequence of the incident out of which the claim arises including, but not limited to, monetary payments, goods or services, or other benefits.

§ 136.125 Costs incident to claim preparation.

(a) Costs necessarily incurred in the preparation of a claim may be included in the claim.

(b) Compensation may be allowed for reasonable, necessary, costs of claim preparation.

SETTLEMENT AND NOTICE TO CLAIMANT

§ 136.127 Payment.

(a) Payment is made as soon as possible when a claim is approved in full or an offer of settlement is accepted.

(b) Whenever a claim is not approved in full, the claimant is notified in writing of the settlement offer. Acceptance of the settlement offer must be in writing.

(c) The acceptance of an offer in settlement is final and conclusive for all purposes and, upon payment, constitutes a release of the Fund for the claim.

(d) Failure to accept an offer of settlement within thirty days constitutes rejection of the offer.

§ 136.129 Denial of claim.

(a) A claimant will be notified in writing whenever a claim against the Fund is denied, including when denial results from rejection, by the claimant, of an offer of settlement.

(b) The notification of paragraph (a) of this section includes a statement of the claimants right to further review of the claim.

property immediately before injury less the value immediately after injury, the measure of damages is the value of the property immediately before injury less the value immediately after injury.

(c) Compensation for loss of use of property may be allowed for reasonable costs, actually incurred, for use of substitute property or, if substitute property was not reasonably available, for the amount of the net economic loss which resulted from not having use of the property. When substitute property was reasonably available, but not used, compensation for loss of use is not payable.

LOSS OF INCOME DUE TO INJURY TO, OR DESTRUCTION OF, PROPERTY OR NATURAL RESOURCES

§ 136.207 Authorized claimants.

(a) A claim for loss of profits or impairment of earning capacity due to injury to, or destruction of, real or personal property or natural resources may be presented by any person deriving at least 25 per cent of his or her annual income from activities which utilize, or are related to the utilization of, the property or natural resource.

(b) A person who either owns or leases property which is injured or destroyed is not a proper claimant under paragraph (a) of this section. That person should claim under § 136.201.

(c) A person who uses natural resources directly is not a proper claimant under paragraph (a) of this section. That person should claim under § 136.219.

(a) A claimant must establish

(1) The identification and quantity of the natural resource for which compensation is claimed;

(2) The nature and extent of the injury to the natural resource;

(3) The cost to restore or replace the natural resource; and

(4) Any economic loss relating to the natural resource which would not be recovered by replacement or restoration.

§ 136.217 Compensation allowed.

(a) The amount of compensation is based on

(1) The cost to restore, rehabilitate, or acquire the equivalent of the natural resource; and

(2) Any additional associated economic loss actually suffered.

(a) A claimant must establish(1) The actions taken to prevent, minimize, or mitigate oil pollution;

(2) The costs and other economic loss incurred as a result of these actions; and

(3) Why the actions were taken.

§ 136.229 Compensation allowed.

(a) The amount of compensation allowed is the total of reasonable costs and other economic loss incurred.

(b) Except for action taken with respect to property owned, leased, or otherwise subject to the supervision, management, or use of the claimant, voluntary actions will not ordinarily be compensated.

(3) Adopt procedures for the submission of evidence;

(4) Rule on offers of proof and receive evidence;

(5) Dispose of procedural requests and similar matters; and

(6) Convene, recess, reconvene, adjourn, and otherwise regulate the hearing.

(b) An informal, preliminary conference is held, in advance of the hearing, presided over by the administrative law judge, or presiding officer, to narrow the issues and otherwise discuss the specific matters in dispute.

(c) A verbatim record is made of the hearing. A transcript is not prepared unless either an appeal is taken or the administrative law judge, or presiding officer, specifically so orders. If a transcript is either required or desired for further review of the claim the moving party must order and pay for the original transcript for use by the reviewer. The parties are responsible for obtaining copies of the transcript for their own use.

(d) The administrative law judge, or panel, promptly renders a decision following the close of the proceedings.

(e) The decision of the administrative law judge, or panel, constitutes final agency action, unless, within 30 days of the decision, review under § 136.309 has been directed.

§ 136.307 Subpenas.

(a) The administrative law judge, or presiding officer, may issue subpenas for the attendance and the giving of

testimony by witnesses or for the production of any relevant evidence either upon motion by the administrative law judge, or presiding officer, or upon request of either the claimant or Fund.

(b) Each subpena bears the name "Offshore Oil Pollution Compensation Fund" and the name and address of the issuing administrative law judge or presiding officer and commands the person to whom it is directed to testify at a specified time and place or to produce at a specified time and place books, papers, documents, or any other evidence described in the subpena with the particularity necessary to identify what is desired.

(c) Service of a subpena shall be by personal service, or by certified mail with return receipt to be signed by the addressee only. Proof of service, or an explanation of the lack of service, shall consist of appropriate endorsement upon a copy of the subpena, and shall be delivered to the administrative law judge, or presiding officer.

(d) The person to whom a subpena is directed may apply to the administrative law judge, or presiding officer, in writing, to request that the subpena be quashed or modified. The administrative law judge, or presiding officer, promptly considers and rules on the request. The request must be made at least five days before appearance is required or documents must be produced.

(e) Subpenaed witnesses are entitled to the same fees and mileage allowance as witnesses subpenaed by District Courts of the United States. These witness expenses are reimbursable by the Fund, to be paid by the Fund Administrator, if and when certified by the administrative law judge, or presiding officer, as costs necessary to settle claims against the fund.

(f) If the administrative law judge, or presiding officer, rules that good cause has been shown for seeking judicial enforcement of a subpena, the ruling is referred to the United States District Court for enforcement.