Title 40 | COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS AGAINST THE SUPERFUND
subchapter_subject: "SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS"
part_code: "305"
part_subject: "COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA) ADMINISTRATIVE HEARING PROCEDURES FOR CLAIMS AGAINST THE SUPERFUND"
subpart_code: "C"
subpart_subject: "Prehearing Procedures"
section_number: "305.20"
section_subject: "Request for a hearing; contents."
cfr_reference: "40 CFR 305.20"
title_name: "Title 40"
title_subject: "Protection of Environment"
parts_covered: "Parts 300 to 399"
revised_date: "Revised as of July 1, 2019"
publication_date: "As of July 1, 2019"
contains_description: "Containing a codification of documents of general applicability and future effect"
publication_info: "Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register"
---
(a)Within 30 days after receiving notice that the Claims Official has declined to pay all or part of a claim, the claimant may file a Request for a Hearing with the Review Officer. The Request for a Hearing shall contain:
(1)A statement of the authority for the Request for a Hearing;
(2)A concise statement of the reasons that the Requestor disputes the Claims Official's denial of all or part of the claim;
(3)A request for an administrative hearing concerning the Claims Official's total or partial denial of his claim pursuant to this part; and
(4)A statement of amount that the Requestor demands to be awarded from the Fund.
(b)The Requestor must file with the Request for a Hearing two copies of:
(1)The Preauthorization Decision Document for the response work that is the subject of the claim;
(2)The claim filed with EPA pursuant to CERCLA section 111(a)(2) or 122(b)(1); and
(3)The written notice from the Claims Official denying all or part of the claim.