[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR35.6]

[Page 107-108]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 35--TORT CLAIMS AGAINST THE GOVERNMENT--Table of Contents
 
                          Subpart B--Procedures
 
Sec. 35.6  Final denial of claim.

    (a) 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 than 6 
months after the date of mailing of the notification.
    (b) Prior to the commencement of suit and prior to the expiration of 
the 6-month period after the date of mailing, by certified or registered 
mail of notice of final denial of the claim as

[[Page 108]]

provided in 28 U.S.C. 2401(b), a claimant, his duly authorized agent, or 
legal representative, may file a written request with the Department for 
reconsideration of a final denial of a claim under paragraph (a) of this 
section. Upon the timely filing of a request for reconsideration the 
Department shall have 6 months from the date of filing in which to make 
a final disposition of the claim and the claimant's option under 28 
U.S.C. 2675(a) to bring suit shall not accrue until 6 months after the 
filing of a request for reconsideration. Final Department action on a 
request for reconsideration shall be effected in accordance with the 
provisions of paragraph (a) of this section.

[32 FR 14101, Oct. 11, 1967, as amended at 35 FR 4517, Mar. 13, 1970]