(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 agency 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 provided in 28 U.S.C. 2401(b), a claimant, his duly authorized agent, or legal representative, may file a written request with the agency 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 agency 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) shall not accrue until 6 months after the filing of a request for reconsideration. Final agency action on a request for reconsideration shall be effected in accordance with the provisions of paragraph (a) of this section.
[Order No. 371-66, 31 FR 16616, Dec. 29, 1966, as amended by Order No. 422-69, 35 FR 315, Jan. 8, 1970]
Notes of Decisions
Michael Redlin v. United States, 921 F.3d 1133 (9th Cir. 2019).
· cites it 9× “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 agency action, he may file suit in an appropriate U.”
State Farm Mut. Auto. Ins. v. United States, 326 F. Supp. 2d 407 (E.D.N.Y 2004).
· cites it 10× “The defendant cites 28 C.F.R. § 14.9 , which provides in pertinent part that: Upon the timely filing of a request for reconsideration the agency 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.”
Bobby Jackson v. United States, 751 F.3d 712 (6th Cir. 2014).
· cites it 4× “Another factor leading to the same conclusion is 28 C.F.R. § 14.9 (a), the Department of Justice regulation construing the FTCA’s six-month limitation provision.”
Garling v. United States Env't Prot. Agency, 849 F.3d 1289 (10th Cir. 2017).
“at 18, an agency is not required to state a reason for denying an FTCA administrative claim, see 28 C.F.R. § 14.9 (a) (stating the notice of denial “may include a statement of the reasons for the denial”).”
Todd Zappone v. United States, 870 F.3d 551 (6th Cir. 2017).
“” 28 C.F.R. § 14.9 (a) (emphasis added). The regulations do not require the IRS to send notice to the claimant’s attorney and the claimant.”
Rafael Martinez v. United States, 728 F.2d 694 (5th Cir. 1984).
· cites it 3× “” 28 C.F.R. § 14.9 (a) (emphasis added). 8 The agency letter of October 3, 1981 did not, by its terms, constitute a final denial of Martinez’s federal tort claim timely presented to the agency on September 4, 1980.”
Augutis v. United States, 732 F.3d 749 (7th Cir. 2013).
“Although there is no need to decide that question, we note that the language at issue is required by 28 C.F.R. § 14.9 (a).”
Dyniewicz v. United States, 742 F.2d 484 (9th Cir. 1984).
· cites it 4× “28 C.F.R. § 14.9 , captioned “final denial of claim,” sets down the procedure for notifying claimants of the final administrative denial of their claims.”
— 28 C.F.R. § 14.9(a) — 1 case
— 28 C.F.R. § 14.9(b) — 1 case
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