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

(3) Two or more itemized written estimates of the cost of such repairs and any itemized receipt of payment for necessary repairs.

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

(5) Any other evidence or information which may have a bearing on either the responsibility of the United States for the injury to or loss of property or the damages claimed. & 304.5 Investigations.

The Peace Corps may investigate, or the General Counsel may request any other Federal agency to investigate, a claim filed under this subpart. & 304.6 Claims investigation.

(a) When a claim has been filed with the Peace Corps, the General Counsel will send a copy of the claim to the head of the office concerned and ask him to designate one employee of that office who shall act as, and who shall be referred to herein as, the Claims Investigating Officer for that particular claim. The Claims Investigating Officer shall, with the advice of the General Counsel, where necessary:

(1) Investigate as completely as is practicable the naturc and circumstances of the occurrence causing the loss or damage of the claimant's property.

(2) Ascertain the extent of loss or damage to the claimant's property.

(3) Assemble the necessary forms with required data contained therein.

(4) Prepare a brief statement setting forth the facts relative to the claim (in the case of motor vehicle accidents, facts should be recorded on Standard Form 91A), a statement whether the claim satisfies the requirements of this subpart, and a recommendation as to the amount to be paid in settlement of the claim.

(5) The head of the office concerned will be responsible for assuring that all necessary forms, statements, and all supporting papers have been procured for the file and will transmit the entire file to the General Counsel. $ 304.7 Authority to adjust, determine,

compromise, and settle claims. The authority to consider, ascertain adjust, determine, compromise, and settle claims under section 2672 of title 28,

United States Code, and this subpart, subject to $ 304.8, has been retained by the Director of the Peace Corps. 8 304.8 Limitations on authority.

(a) An award, compromise, or settlement of a claim under section 2672 of title 28, United States de, and this subpart in excess of $25,000 may be effected only with the prior written approval of the Attorney General or his designee. For the purpose of this paragraph, a principal claim and any derivative or subrogated claim shall be treated as a single claim.

(b) An administrative claim may be adjusted, determined, compromised, or settled only after consultation with the Department of Justice when, in the opinion of the General Counsel:

(1) A new precedent or a new point of law is involved; or

(2) A question of policy is or may be involved; or

(3) The United States is or may be entitled to indemnity or contribution from a third party, and the Peace Corps is unable to adjust the third party claim; or

(4) The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $25,000.

(c) An administrative claim may be adjusted, determined, compromised, or settled only after consultation with the Department of Justice when the Peace Corps is informed or is otherwise aware that the United States or an officer, employee, agent, or cost-type contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction. $ 304.9 Referral to Department of

Justice. When Department of Justice approval or consultation is required under $ 304.8, the referral or request shall be transmitted to the Department of Justice by the General Counsel pursuant to 28 CFR 14.7 (1968). § 304.10 Review of claim.

(a) Upon receipt of the claim file from the head of the office concerned, the General Counsel will ascertain that all supporting papers are contained in the file.

(b) After legal review and recommendation by the General Counsel, the Director of the Peace Corps will make a written determination on the claim.

$ 304.11 Final denial of claim.

§ 305.1 Purpose and general guideline. The Gencral Counsel will send notifi- The purpose of this subpart is to state cation of the final denial of an adminis- the requirements of eligibility for Peace trative claim to the claimant, his attor- Corps Volunteer Service and to discuss ney, or legal representative by certified the factors considered in the assessment or registered mail. The notification of and selection of eligible applicants for final denial may include a statement of training and service. In carrying out this the reasons for the denial and shall in- subpart, as required by section 5(a) of clude a statement that, if the claimant the Peace Corps 'Act, as amended, “no 1s dissatisfied with the Peace Corps ac- political test shall be required or taken tion, he may file suit in an appropriate into consideration, nor shall there be U.S. District Court not later than 6 any discrimination against any person months after the date of mailing of the on account of race, creed, or color." notification.

$ 305.2 Eligibility. $ 304.12 Action on approved claim.

The Peace Corps invites to Peace Corps (a) Payment of a claim approved un- training programs those eligible applider this subpart is contingent on claim- cants who skills, personal attributes and ant's execution of (1) a "Claim for Dam- aptitudes fit those required for available age or Injury,” Standard Form 95; and Volunteer assignments. The following (2) a “Voucher for Payment,” Standard are the basic requirements that an appliForm 1145, as appropriate. When a cant must satisfy to be eligible for Peace claimant is represented by an attorney, Corps Volunteer service: the voucher for payment shall designate (a) Citizenship. Be a citizen or nathe claimant and his attorney as co- tional of the United States or have made payees, and the check shall be delivered such arrangements satisfactory to the to the attorney, whose address shall ap- Offices of Selection and of the General pear on the voucher.

Counsel to be naturalized during the (b) Acceptance by the claimant, his U.S. training period or shortly thereagent, or legal representative of an after. (See section 5(a) of the Peace award, compromise, or settlement made

Corps Act, as amended.) under section 2672 or 2677 of title 28,

(b) Age. Be at least 18 years of age. United States Code, is final and con

However, if the parents of an 18- to clusive on the claimant, his agent or

21-year-old applicant advise the Peace

Corps that they disapprove of his aplegal representative, and any other per

plication, the application shall be held in son on whose behalf or for whose benefit

abeyance, and the Office of Selection the claim has been presented, and con- shall, after receiving an opinion from stitutes a complete release of any claim the Office of the General Counsel, and against the United States and against considering all the facts of the case, deany officer or employee of the Govern- cide whether to issue an invitation. ment whose act or omission gave rise to

(c) Marital status. (1) If the applicant the claim, by reason of the same subject is married and living with his or her matter.

spouse (or intends to marry prior to or during Peace Corps service), both hus

band and wife (or fiance and fiancee) PART 305—ELIGIBILITY AND SELEC

must apply and qualify for assignment TION FOR PEACE CORPS VOLUN

at the same location. A married appliTEER SERVICE

cant qualified for assignment as a VolunSec.

teer Leader may, however, be accepted 305.1 Purpose and general guideline.

for training and service and accompanied 305.2 Eligibility.

overseas by a non-Volunteer spouse. 305.3 Selection standards.

(2) If the applicant (whether male or AUTHORITY: The provisions of this Part 305

female) is married but legally or in fact issued under secs. 4, 5(a) and 22, 75 Stat.

separated from his spouse, he must, prior 612, 22 U.S.C. 2503; E.O. 11041, as amended, to being issued an invitation to training, 3 CFR, 1959-1963 Comp.; Sec. 2(6), State satisfy the Director of the Office of SelecDepartment Delegation of Authority No. 85– tion and the General Counsel that (i) 11A, as amended.

he will be an effective Volunteer; (ii) his SOURCE: The provisions of this Part 305 participation in the Peace Corps will not appear at 34 F.R. 5841, Mar. 28, 1969, unless further disrupt the marital relationship; otherwise noted.

and (iii) he has acted to ensure that any

347 50_045 0-71-23

obligation of his to support his separated (g) Absence of intelligence backspouse will be met during his training ground. Not have worked for or served and service.

in any intelligence agency, civilian or (d) Dependents. If the applicant military, or have been associated with (whether male or female) has any de- any intelligence operations. pendents and has not been designated a

§ 305.3 Selection standards. Volunteer Leader applicant, he mu prior to being issued an invitation to To qualify for selection for overseas training, satisfy the Director of Selection service as a Volunteer, a trainee must and the General Counsel:

demonstrate by the end of training that (1) As to any dependent other than he or she meets the following selection children under age 18, that his absence standards, and that his enrollment as a for training and service will not deprive Volunteer must be clearly consistent with his dependent(s) of any care or support the interests of the national security. which he may be obligated to provide; (a) Motivation indicating commitand

ment to serve a full term (usually 2 (2) As to any dependent child under years) as a Volunteer despite periods of age 18—whether or not living with the stress. applicant—that (i) he has arranged (b) Intelligence sufficient to meet the satisfactorily for the support of the child needs of a particular program and to during his training and service; (ii) the cope with other challenges of Peace separation of him and the child will not Corps service, including rapid learning adversely affect their relationship; and in a short training period. (iii) he is not using Peace Corps service (c) Personal qualities including inito escape responsibility for the child's tiative, determination, friendliness, pawelfare.

tience, ability to communicate and (e) Legal status. Not be on parole or respect for other people regardless of probation (other than a summary proba- race, religion, nationality, social standtion) to any court or have any court- ing or political persuasion. established or acknowledged financial or (d) Competence in the skills and proother legal obligation which, in the ficiencies needed for the particular job opinion of the Office of the General assignment overseas. Counsel, could not be satisfied or post- (e) Such reasonable proficiency in the poned during the individual's participa- host country language as his overseas tion in the Peace Corps.

assignment requires. (See section 23 of (f) Medical status. Be able to satisfy the Peace Corps Act.) the Peace Corps' rigorous physical and (f) Adequate knowledge of both the mental health requirements.

host country and the United States.



401 Rules of procedure.

Subpart A-General
Subpart A-General

& 401.1 Definitions.

(a) In the construction of the regula401.2 Chairmen,

tions in this part, unless the context 401.3 Permanent offices.

otherwise requires, words importing the 401.4 Duties of secretaries.

singular number shall include the plural 401.5 Meetings.

and words importing the plural number 401.6

Service of documents. 401.7 Conduct of hearings.

shall include the singular, nd 401.8 Decision by the whole Commission. (b) “Applicant” mean the Govern401.9 Suspension or amendment of rules.

ment or person on whose behalf an ap401.10 General rule.

plication is presented to the Commis401.11 Availability of records.

sion in accordance with § 401.12; Subpart B-Applications

(c) “Government” means the Govern401.12 Presentation to Commission.

ment of Canada or the Government of 401.13 Copies required.

the United States of America; 401.14 Authorization by Government. 401.15 Notice of publication.

(d) “Person” includes Province, State, 401.16 Statement in response.

department or agency of a Province or 401.17 Statement in reply.

State, municipality, individual, partner401.18 Supplemental or amended applica

ship, corporation and association, but tions and statements. 401.19 Reducing or extending time and dis

does not include the Government of pensing with statements.

Canada or the Government of the United 401.20 Interested persons and counsel. States of America; 401.21 Consultation.

(e) “Oath” includes affirmation; 401.22 Attendance of witnesses and produc

(f) "Reference" means the document tion of documents. 401.23 Hearings.

by which a question or matter of differ401.24 Expenses of proceedings.

ence is referred to the Commission pur401.25 Government brief regarding navi- suant to Article IX of the Treaty; gable waters.

(g) “The Treaty” means the Treaty Subpart C-References

between the United States of America 401.26 Presentation to Commission.

and His Majesty the King, dated the 11th 401.27 Notice and publication.

day of January 1909; 401.28 Advisory boards. 401.29 Hearings.

(h) “Canadian section" consists of the 401.30 Proceedings under Article X.

commissioners appointed by Her Maj

esty on the recommendation of the GovAUTHORITY: The provisions of this Part 401 Issued under Art. XII, 36 Stat. 2453.

ernor in Council of Canada;

(i) “United States section” consists of SOURCE: The provisions of this Part 401 appear at 30 F.R. 3379, Mar. 13, 1965, unless

the Commissioners appointed by the otherwise noted.

President of the United States,


§ 401.2 Chairmen.

other copies of all official letters, docu(a) The commissioners of the United

ments, records or other papers received States section of the Commission shall

by him or filed in his office, pertaining appoint one of their number as chair

to any proceeding before the Commisman, to be known as the Chairman of the

sion, to the end that there shall be on United States Section of the Interna

file in each office either the original or tional Joint Commission, and he shall

a copy of all official letters and other act as chairman at all meetings of the papers, relating to the said proceeding. Commission held in the United States

(d) Each secretary shall also forward and in respect to all matters required

to the other for filing in the office of the to be done in the United States by the

other copies of any letters, documents chairman of the Commission.

or other papers received by him or filed (b) The commissioners of the Cana

in his office which are deemed by him to dian section of the Commission shall

be of interest to the Commission. appoint one of their number as chairman,

§ 401.5 Meetings. to be known as the Chairman of the Canadian Section of the International

(a) Subject at all times to special call

or direction by the two Governments, Joint Commission, and he shall act as

meetings of the Commission shall be chairman at all meetings of the Commission held in Canada and in respect to

held at such times and places in the

United States and Canada as the Comall matters required to be done in Canada by the chairman of the Commission.

mission or the Chairman may determine (c) In case it shall be iropracticable

and in any event shall be held each year for the chairman of either section to

at Washington in April and at Ottawa act in any matter, the commissioner of

in October, beginning ordinarily on the such section who is senior in order of

first Tuesday of the said months.

(b) If the Commission determines appointment shall act in his stead.

that a meeting shall be open to the pub§ 401.3 Permanent offices.

lic, it shall give such advance notice to The permanent offices of the Commis- this effect as it considers appropriate in sion shall be at Washington, in the Dis

the circumstances. trict of Columbia, and at Ottawa, in

§ 401.6 Service of documents. the Province of Ontario, and, subject to the directions of the respective chairmen

(a) Where the secretary is required by acting for their respective sections, the

the regulations in this part to give notice secretaries of the United States and to any person, this shall be done by Canadian sections of the Commission delivering or mailing such notice to the shall have full charge and control of person at the address for service that the said offices, respectively.

said person has furnished to the Com§ 401.4 Duties of secretaries.

mission, or if no such address has been

furnished, at the dwelling house or usual (a) The secretaries shall act as joint secretaries at all meetings and hearings

place of abode or usual place of business

of such person. of the Commission. The secretary of the section of the Commission of the country

(b) Where the secretary is required in which a meeting or hearing is held by the regulations in this part to give shall prepare a record thereof and each notice to a Government, this shall be secretary shall preserve an authentic done by delivering or mailing such notice copy of the same in the permanent offices to the Secretary of State for External of the Commission.

Affairs of Canada or to the Secretary of (b) Each secretary shall receive and State of the United States of America, file all applications, references and other

as the case may be. papers properly presented to the Com

(c) Service of any document pursuant mission in any proceeding instituted

to $ 401.22 shall be by delivering a copy before it and shall number in numerical order all such applications and refer

thereof to the person named therein, or ences; the number given to an applica

by leaving the same at the dwelling house tion or reference shall be the primary

or usual place of abode or usual place file number for all papers relating to such

of business of such person. The person application or reference.

serving the notice or request shall fur(c) Each secretary shall forward to nish an affidavit to the secretary stating the other for filing in the office of the the time and place of such service.

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