10 C.F.R. § 1014.9

Final denial of claim

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(a) Final denial of an administrative claim shall be in writing and sent to the claimant, or the claimant's 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, the claimant may file suit in an appropriate U.S. District Court not more than 6 months after the notification is mailed.

(b) Before the commencement of suit and before the 6-month period provided in 28 U.S.C. 2401(b) expires, a claimant, or the claimant's duly authorized agent, or legal representative, may file a written request with the DOE General Counsel for reconsideration of a final denial of a claim. Upon the timely filing of a request for reconsideration the DOE shall have 6 months from the date of filing to decide the claim, and the claimant's option under 28 U.S.C. 2675(a) shall not accrue until 6 months after the request for reconsideration is filed. Final DOE action on a request for reconsideration shall be made in accordance with the provisions of paragraph (a) of this section.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1996–2023 · leading case: Katherine Graham v. United States, 96 F.3d 446 (9th Cir. 1996).

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Katherine Graham v. United States, 96 F.3d 446 (9th Cir. 1996). “6 (denial of claim of patent infringement by-Department of Energy mailed to "claimant or his authorized representative”); 10 C.F.R. § 1014.9 (denial of administrative claim under FTCA by Department of Energy mailed to claimant, attorney or representative); 12 C.”

Manivannan v. U.S. Dep't of Energy (W.D. Pa. 2023). · cites it 2× “10 C.F.R. § 1014.9 (b). Section 1014.9(a) provides that final denial shall be in writing and “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, the claimant may file suit in an…”

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