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§ 746.13 Transfer of custody of government inventions.

The Chief of Naval Research may enter into an agreement to transfer custody of a government invention to

another government agency for purposes of administration, including the granting of licenses pursuant to this part.

SUBCHAPTER E-CLAIMS

PART 750-GENERAL CLAIMS REGULATIONS

Subpart A-General Provisions for Claims

Sec.

750.1 Scope of Subpart A.

750.2 Investigation: In general. 750.3 Investigation: Requirements. 750.4 Investigation: Responsibility for. 750.5 The investigating officer: In general. 750.6 The investigating officer: Duties. 750.7 The investigative report: Contents. 750.8 The investigative report: Action by the commanding officer or officer in charge.

750.9 The investigative report: Action by reviewing authority.

750.10 Claims: In general.

750.11 Claims: A proper claimant. 750.12 Claims: Presentment of. 750.13 Claims: Contents of.

750.14 Claims: The scope of liability and the measure of damages.

750.15 Claims: Action by receiving officer or command.

750.16 Claims: Action by adjudicating authority.

750.17 Claims: Payment of.

750.18 Claims: Settlement agreement and

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750.72 Officials with authority to make advance payments.

750.73 Conditions for advance payments. 750.74-750.79 [Reserved]

Subpart F-Authorization To Adjudicate

750.80 Table of delegation and designated authority to pay a claim.

AUTHORITY: 5 U.S.C 301; 10 U.S.C. 2733, 5031, and 5148; 31 P.S.C. 240-243; 32 CFR 700.206 and 700.1202., unless otherwise noted.

SOURCE: 38 FR 6028, Mar. 6, 1973, unless otherwise noted.

Subpart A-General Provisions for Claims

8 750.1 Scope of Subpart A.

(a) General: The Judge Advocate General is responsible for administration and supervision, worldwide, of claims arising under the Federal Tort Claims Act (Subpart B of this part), the Military Claims Act (Subpart C of this part), the Nonscope Claims Act (Subpart D of this part), the Personnel Claims Act, the Foreign Claims

Act, the Act of September 7, 1962, the Medical Care Recovery Act (Subpart A of Part 757 of this chapter), and the Federal Claims Collection Act of 1966 (Subpart B of Part 757 of this chapter).

(b) This Subpart A delineates general investigative and claims-processing requirements to be followed in the handling of all incidents and claims within the provisions of this part. Where the general provisions of this Subpart A conflict with the specific provisions of any subsequent subpart of this part, the specific provisions govern.

(1 CFR 18.14, and Part 21, Subpart B) [39 FR 20681, June 13, 1974, as amended at 45 FR 8600, Feb. 8, 1980]

§ 750.2 Investigation: In general.

Every incident which may result in claims against or in favor of the Government shall be promptly and thoroughly investigated by trained personnel. The investigation shall be closely supervised to insure the preparation of an investigative report providing a sufficient basis for the prompt and just disposition of claims against and in favor of the Government and for all other official action required by the circumstances of the case. Claims against persons in the naval service arising from the performance of official duties shall be investigated and processed as claims against the United States.

§ 750.3 Investigation: Requirements.

(a) When required. Investigations are required whenever a claim against the Navy is filed or is likely to be filed, or when a claim in favor of the Navy is possible. The Navy must have the background information and data to process all claims and to defend all suits which are commenced before the running of the statute of limitations. Accordingly, even when recovery may be barred by statute or decisional law, all deaths, serious injuries, and substantial losses to or destruction of property must be investigated promptly while the evidence is available. When a claim may be barred, as by one of the exclusions enumerated in § 750.36 (c), (d), § 750.55(d) or § 750.65(b), the investigative report

must document the factual basis for the exclusion.

(b) Immediate reports. An immediate letter report shall be made to the Judge Advocate General, with copies to the Chief of the Torts Section, Civil Division, Department of Justice, Washington, D.C. 20530, and the appropriate reviewing authority listed in § 750.80 in any of the following circumstances:

(1) Claims or possible claims arising out of a major disaster or out of an incident giving rise to five or more possible death or serious injury claims;

(2) Upon filing of a claim which could develop litigation which would involve a new precedent or point of law (see § 750.53(c)(2));

(3) Claims or possible claims which involve or are likely to involve another agency besides the Department of the Navy.

(c) Investigation without delay. Incidents falling within any of the categories listed in paragraph (a) of this section shall be investigated and reported upon without delay, even though no claim has been filed, and even though there may be no existing law or regulation under which any claim arising therefrom might be paid.

(d) Additional requirements under other regulations. This part in no way modifies the requirements of U.S. Navy Regulations, the Manual for Courts-Martial, or other provisions of the Manual of the Judge Advocate General, and the making of an investigation and report hereunder does not constitute or excuse compliance with any provision of U.S. Navy Regulations, the Manual for Courts-Martial, or other provisions of the Manual of the Judge Advocate General Report Control Symbol JAG 5890-12 is assigned to this report.

[38 FR 6028, Mar. 6, 1973, as amended at 41 FR 26864, June 30, 1976]

§ 750.4 Investigation: Responsibility for.

(a) Immediate responsibility. Responsibility for the investigation of an incident normally lies with the commanding officer or officer in charge of the local naval activity which is most directly concerned, normally the commanding officer or officer in charge of

the personnel involved or of the activity in which the incident occurred. Where two or more activities are inIvolved, see section 0207 of the Manual of the Judge Advocate General. If a nonnaval activity is concerned, see § 750.3(b)(3). Such nonnaval activity should be promptly notified of the incident.

(b) Assistance. When an accident or incident occurs at a place where the naval service does not have an installation or a unit conveniently located for conducting an investigation, the commanding officer or officer in charge having immediate responsibility for making such investigation may request assistance from the commanding officer or officer in charge of any other organization of the Department of Defense. Such assistance may take the form of a complete investigation of the accident or incident, or it may cover only part of the investigation. Likewise, in the event that under similar circumstances the commanding officer or officer in charge of any other organization of the Department of Defense requests such assistance from the commanding officer or officer in charge of any naval installation or unit, the latter should comply with the request. If a complete investigation is requested, the report will be made in accordance with the regulations of the requested service. These investigations will normally be conducted without reimbursement for per diem, mileage, or other expenses incurred by the investigating installation or unit.

(c) Report of Motor Vehicle Accident, Standard Form No. 91 RCS JAG 589013. The driver of any Government motor vehicle involved in an accident of any sort shall be responsible for making an immediate report on the Operator's Report of Motor Vehicle Accident, Standard Form No. 91. This driver's report shall be made even though the driver of the other vehicle, or any other person involved, states that no claim will be filed, and even though the only vehicles involved are Government owned. An accident shall be reported by the driver regardless of who was injured, or what property was damaged, or to what extent, or where the accident occurred, or who was re

sponsible. The driver's report shall be referred to the investigating officer, who shall be responsible for examining it for completeness and accuracy and who shall file it for future reference or for attachment to any subsequent investigative report of the accident.

[38 FR 6028, Mar. 6, 1973, as amended at 39 FR 20681, June 13, 1974; 41 FR 26864, June 30, 1976]

investigation

§ 750.5 The investigating officer: In general. Every required by these regulations shall be conducted by an investigating officer. The commanding officer or officer in charge of each naval activity shall designate a qualified individual under his command, preferably one with legal training and with experience in the conduct of investigations, as the investigating officer for the activity. Whenever necessary, in the discretion of the commanding officer or officer in charge, additional or assistant investigating officers may be appointed, each with all and the same powers as the investigating officer, except that all assistant investigating officers shall be under the general supervision of the investigating officer. To insure prompt investigation of every incident while witnesses are available and before damage has been repaired, the duties of an individual in his capacity as an investigating officer shall ordinarily have priority over any other assignment he may have.

§ 750.6 The investigating officer: Duties.

It shall be the duty of the investigating officer, in making an investigation pursuant to these regulations:

(a) To consider all information and evidence obtained as a result of any previous investigation or inquiry into any aspect of the incident.

(b) To conduct further investigation of the matter in a fair and impartial manner, covering all phases of the incident and giving consideration to its bearing on possible claims against, or in favor of, the Government and on other interests of the service, to the end that a comprehensive, accurate, and unbiased factual report of the in

cident may be made available to higher authority for such action as is required by the circumstances of the

case.

(c) To secure and consider signed statements from all competent witnesses on facts pertinent to the incident. Witnesses should be interviewed by the investigating officer at the earliest opportunity. Full statements from principal witnesses, especially the claimant or prospective claimant, should be reduced to writing and their signatures obtained thereon if at all possible. The interests of the United States may be seriously prejudiced if the investigating officer fails to obtain such statements before witnesses forget significant facts or are confused by questions from persons with adverse interests.

(d) To inspect the property damage and to interview injured persons or their representatives personally; and, if such personal inspection and interview are not conducted, to state the reason therefor.

(e) To ascertain the nature, extent, and amount of damage and to obtain all pertinent repair bills or estimates, medical, hospital, and associated bills as are necessary to the proper adjudication of a claim against or in favor of the Government which may arise from the incident. For the proper method of computing the amount of damages, see 750.14.

(1) Loss of earnings. Claims for loss of earnings and diminution of earning capacity arising under the Federal Tort Claims Act or the Military Claims Act require submission by the claimant of a statement by his employer executed before a notary public or, where the claimant is in business for himself, a certified copy of company records showing claimant's age, occupation, wage, or salary, and time lost from work as a result of the incident. Where such statements or records are not available, a sworn statement by the claimant will be obtained.

(2) Medical information to be supplied by claimant. Claims for loss of earnings, diminution of earning capacity, medical and hospital expenses, anticipated medical expense, pain and suffering, physical disfigurement, and temporary or permanent injury aris

ing under the Federal Tort Claims Act or the Military Claims Act require submission by the claimant of a written statement by the attending physician setting forth the nature and extent of the injury and treatment, the duration and extent of the disability involved, the prognosis, and period of hospitalization or incapacity.

(f) To obtain from the proper maintenance office the latest report of material inspection of the Navy aircraft or motor vehicle that was conducted prior to the accident in all cases in which a suit against the United States is likely or is pending, and in all other cases in which it appears pertinent to determine liability.

(g) To secure from qualified persons of the activity concerned, or of another appropriate activity, statements concerning the extent of damage or injury and the reasonableness of the damages claimed.

(1) Medical examination at a military installation. The investigating officers, if the injured person does not object, should have a physical examination of the injured person conducted at a military installation. Consideration should be given to the availability of personnel and facilities of the installation. Expenses for services or supplies from other Federal agencies or civilian agencies should not be incurred. A copy of the report of the physical examination obtained from the medical installation shall be included in the report of investigation or, if made subsequent to the forwarding of that report, forwarded to the same addressee as the report of investigation.

(2) Navy expert opinion. In appropriate cases, a Navy-employed expert may be asked to evaluate the extent of damage. Anyone possessing special knowledge or experience, such as a public-works estimator, may qualify. Any costs involved in obtaining the expert opinion shall be absorbed by the command to which the expert is attached.

(3) Government experts from other than Navy sources. On occasion, expert opinion is available from other departments and agencies of the Government. Arrangements for this service, when available may be made local

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