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SUBCHAPTER E-RECEIPT, ADMINISTRATION AND PAYMENT OF

CLAIMS UNDER PUBLIC LAW 87-587 (CLAIMS FOR DAMAGES
TO PROPERTY DUE TO THE RAISING OF THE WATER LEVEL OF
LAKE ONTARIO CAUSED BY GUT DAM)

PART 560—FILING OF CLAIMS AND

PROCEDURE THEREFOR

Sec.
560.1 Time for filing.

560.2 Form content and filing of claims. * 560.3 Exhibits and documents in support

of claim. 560.4 Acknowledgment and numbering. [560.5 Procedure for determination of

claims. | 560.6 Hearings. 560.7 Discontinuance of investigations and

determinations of claims under Sub

chapter E.
AUTHORITY: 76 Stat. 387.

SOURCE: 28 FR 13501, Dec. 13, 1963, unless otherwise noted. § 560.1 Time for filing.

Claims under Pub. L. 87-587 shall be filed with the Commission on or before October 15, 1963.

the Commission within 30 days prior to the expiration of the filing period therefor shall be considered as a timely filing of a claim if formalized (submission of a properly executed claim form) within 30 days after the expiration of the filing period. 8 560.3 Exhibits and documents in support

of claim. (a) If available, all exhibits and documents shall be filed with and at the same time as the claim, and shall, wherever possible, be in the form of original documents, or copies of originals certified as such by their public or other official custodian.

(b) All claims, briefs, and memoranda filed shall be typewritten or printed and if typewritten, shall be on legal size paper.

§ 560.4 Acknowledgment and numbering.

The Commission will acknowledge the receipt of a claim in writing and will notify the claimant of the claim number assigned to it, which number shall be used on all further correspondence and papers filed with regard to the claim.

§ 560.2 Form content and filing of claims.

(a) Claims shall be filed on the official forms provided by the Commission upon request in writing addressed to the Commission at its principal office at Washington, D.C., and shall include to the extent available at the time, all of the information called for in the claim form (FCSC Form No. 587), and shall be completed and signed in accordance with the instructions accompanying the form.

(b) Notice to the Foreign Claims Settlement Commission, the Department of State, or any other governmental office or agency, prior to the enactment of the statute authorizing this claims program, or of an intention to file a claim for damages caused by the operation and maintenance of Gut Dam, shall not be considered as a timely filing of a claim under Pub. L. 87-587.

(c) Any initial written indication of an intention to file a claim received by

$ 560.5 Procedure for determination of

claims. The procedures set forth under $ 531.5, Subchapter C of this chapter, shall be applicable to claims under Pub. L. 87-587 except as follows:

$ 531.5(g) Upon the expiration of 20 days after such service or receipt of notice, if no objection under this section has in the meantime been filed, such proposed decision shall, without further order or decision of the Commission, become the Commission's final determination and decision on the claim.

$ 531.5(j)(1) In case a claimant dies prior to the issuance of a Final Decision his legal representative shall promptly file proof of his capacity. Thereupon the legal repre

chapter, shall be applicable to claims under Pub. L. 87-587.

sentative shall be substituted as party claimant.

$ 531.5(1) After a final decision has been issued on a claim, or a proposed decision has become the final decision on a claim, a petition to reopen on the ground of newly discovered evidence may be filed; Provided, That no such petition will be acted upon if it appears that consideration thereof will unduly delay the Commission's report to the President as required under Pub. L. 87587.

§ 531.5(m) As soon as practicable after the issuance of all Final Decisions, the Commission will submit to the President of the United States a report and a list of claims determined to be valid, and the amount of each such claim and a list of claims determined to be invalid, for such action by the President as he may deem appropriate.

$ 560.7 Discontinuance of investigations

and determinations of claims under Subchapter E. The Commission shall discontinue its investigation and determination of claims under this subchapter if the Claims under this Subchapter 11 Government of Canada enters into an agreement with the Government of the United States providing for arbitration or adjudication of the claims filed under Pub. L. 87-587. In such case, the Commission will transfer or otherwise make available to the Secretary of State all records and documents relating to these claims or, on the request of the Secretary of State, return to claimants documents filed in support of their claims.

8 560.6 Hearings.

Hearings procedures as provided for under $ 531.6, Subchapter C of this

SUBCHAPTER F-RECEIPT, ADMINISTRATION AND PAYMENT OF

CLAIMS UNDER TITLE II OF THE WAR CLAIMS ACT OF 1948,
AS AMENDED BY PUBLIC LAW 87_846 AND PROTESTS UNDER
PUBLIC LAW 94-542

PART 580—FILING OF CLAIMS AND

PROCEDURES THEREFOR

(c) Any initial written indication of an intention to file a claim received by the Commission within 30 days prior to the expiration of the filing period therefor shall be considered as a timely filing of a claim if formalized (submission of a properly executed claim form) within 30 days after the expiration of the filing period.

Sec. 580.1 Time for filing. 580.2 Form, content and filing of claims. 580.3 Exhibits and documents in support

of claim. 580.4 Acknowledgment and numbering. 580.5 Small business concerns. 580.6 Claims by corporation in excess of

$10,000. 580.7 Procedure for determination of

claims. 580.8 Hearings.

AUTHORITY: Secs. 2, 103, 62 Stat. 1240, 76 Stat. 1112, 50 U.S.C. App. 2001, 2017n.

SOURCE: 28 FR 13501, Dec. 13, 1963, unless otherwise noted.

8 580.3 Exhibits and documents in support

of claim. (a) If available, all exhibits and documents shall be filed with and at the same time as the claim and shall, wherever possible, be in the form of original documents, or copies of original documents certified as such by their public or other official custodian.

(b) Documents in foreign language. Each copy of a document, exhibit or paper filed, which is written in a language other than English, shall be accompanied by an English translation thereof duly verified under oath by its translator to be a true and accurate translation thereof, together with the name and address of the translator.

(c) Preparation of papers. All claims, briefs and memoranda filed shall be typewritten or printed and, if typewritten, shall be on legal size paper.

$ 580.1 Time for filing.

Claims under Title II of the War Claims Act of 1948, as amended by Pub. L. 87-846, shall be filed with the Commission on or before January 15, 1965. [29 FR 9539, July 14, 1964) 8 580.2 Form, content and filing of claims.

(a) Claims shall be filed on official forms provided by the Commission upon request in writing addressed to the Commission at its principal office at Washington, D.C., and shall include, to the extent available at the time, all of the information called for in the claim form (FCSC Form 846), and shall be completed and signed in accordance with the instructions accompanying the form.

(b) Notice to the Foreign Claims Settlement Commission, the Department of State, or any other governmental office or agency, prior to the enactment of the statute authorizing this claims program of an intention to file a claim for World War II losses, shall not be considered as a timely filing of a claim under Pub. L. 87-846.

8 580.4 Acknowledgment and numbering.

The Commission will acknowledge the receipt of a claim and will notify the claimant of the claim number assigned to it, which number shall be used on all further correspondence and papers filed with regard to the claim.

8 580.5 Small business concerns.

Any corporation or commercial entity for the purpose of receiving priority payment from the Secretary of the Treasury under section 213(a) of the War Claims Act of 1948, as amend

Title 45—Public Welfare

ed, must so indicate on the official AUTHORITY: Pub. L. 94-542. claim form (FCSC Form 846). In due

SOURCE: 41 FR 49094, Nov. 8, 1976, unless course, the Foreign Claims Settlement

otherwise noted. Commission will request the director, Office of Small Business Size Stand $ 581.1 Time for filing. ards, to determine the size status of

Protests of United States nationals such claimant pursuant to such rules

relating to awards made by the Com. and regulations as may be promulgat

mission during the 10 calendar days ed by that office, provided that the claimant qualifies under section 202(a)

immediately preceding the May 17,

1967, expiration date of the Commisof the War Claims Act of 1948, as amended.

sion's authority to grant awards for

war damage losses which occurred 8 580.6 Claims by corporation in excess of

during World War II under the provi$10,000.

sions of Pub. L. 87-846, approved Octo

ber 22, 1962, which amended the War A statement under oath is required

Claims Act of 1948, as amended, aufrom corporations filing claims in

thorized by section 615 of Pub. L. 94excess of $10,000, disclosing the aggre

542, approved October 18, 1976, shall gate amount of Federal tax benefits

be filed with the Commission on or derived by such corporation in any prior tax year or years resulting from

before February 7, 1977. any deduction or deductions claimed

$ 581.2 Information required for filing for the loss or losses with respect to

protests. which such claim is filed. Pursuant to the Act, such Federal tax benefits (a) No official form is required for shall be the aggregate of the amounts filing a protest. Protests shall be filed, by which the claimants' taxes for such in writing, signed by the claimant or year or years under chapters 1, 2A, 2B, his legal representative. The protest 2D, and 2E of the Internal Revenue shall include: (1) The name of the Code of 1939 (53 Stat. 4), or subtitle A claimant as set forth in the Commisof the Internal Revenue Code of 1954 sion's decision issued on the claim (68A Stat. 4, 26 U.S.C. 1 et seq.) were under Pub. L. 87-846; (2) the claim decreased by reason of such loss or number previously assigned by the losses.

Commission; (3) the grounds for the

protest, amount of increase in the $ 580.7 Procedure for determination of award requested, together with all claims.

documentation and legal argument The procedures set forth under which the claimant wishes the Com$ 531.5, Subchapter of this chapter, mission to consider in determining the shall be applicable to claims filed pur- merits of the protest; (4) a specific resuant to Title II of the War Claims quest for a hearing, if desired. Act of 1948, as amended by Pub. L. 87 (b) Notice to the Foreign Claims Set846.

tlement Commission, the Department (30 FR 13870, Nov. 2, 1965)

of State, or any other governmental

office or agency, prior to the enact$ 580.8 Hearings.

ment of the statute authorizing the

protests referred to herein shall not be Hearings procedures as provided for

considered as a timely filing of a prounder $ 531.6, Subchapter C of this

test under Pub. L. 94-542. chapter, shall be applicable to claims under this subchapter.

$ 581.3 Hearings. PART 581—FILING OF PROTESTS AND

(a) Upon specific written request,

made at the time of filing the protest, PROCEDURES THEREFOR

the Commission may grant the claim

ant a hearing for the presentation of Sec. 581.1 Time for filing.

oral testimony and argumentation in 581.2 Information required for filing pro

support of the protest. tests.

(b) Hearings shall be held upon not 581.3 Hearings.

less than seven days notice.

(c) Hearing procedures as provided for under $ 531.6(b)-(d), Subchapter C of this chapter shall be applicable to protests under this subchapter.

(d) Hearings may be stenographically reported either at the request of the claimant or upon the discretion of the Commission. Claimants making such a request shall notify the Commission at the time of filing the protest. When a i stenographic record of a hearing is or

dered at the claimant's request, the cost of such reporting and transcription is his responsibility.

(e) Subsequent to the hearing, if any, the Commission will issue a final determination on the protest within the remaining 30 days from the date of filing of the protest, and no appeal from such determination shall be granted.

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