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32 CFR 842.102 - Delegations of authority.

§ 842.102
Delegations of authority.
This paragraph outlines the levels of authority authorized to settle claims brought under the National Guard Claims Act (32 U.S.C. 715 ).
(a) Settlement authority. (1) The Secretary of the Air Force has authority to:
(i) Settle a claim for $100,000 or less.
(ii) Settle a claim for more than $100,000, paying the first $100,000 and reporting the excess to the General Accounting Office for payment.
(iii) Deny a claim in any amount.
(2) The Judge Advocate General has delegated authority to settle a claim for $100,000 or less, and deny a claim in any amount.
(3) The following individuals have delegated authority to settle a claim for $25,000 or less, and deny a claim in any amount:
(i) The Deputy Judge Advocate General.
(ii) The Director of Civil Law.
(iii) The Chief, Deputy Chief, and Branch Chiefs, Claims and Tort Litigation Staff.
(4) The SJA of 9AF for CENTCOM and the SJAs of USAFE and PACAF have delegated authority to settle claims payable or deny claims filed for $25,000 or less.
(5) SJAs of single base GCMs, GCMs in PACAF and USAFE and each Air Force base, station or fixed installation have delegated authority to settle claims payable, and deny claims filed, for $15,000 or less.
(b) Redelegation of authority. A settlement authority may redelegate up to $25,000 of settlement authority to a subordinate judge advocate or civilian attorney. This redelegation must be in writing and can be for all claims or limited to a single claim.
(c) Appellate authority. Upon appeal a settlement authority has the same authority to settle a claim as that specified above. However, no appellate authority below the Office of the Secretary of the Air Force may deny an appeal of a claim it previously denied.
(d) Authority to reduce, withdraw, and restore settlement authority. Any superior settlement authority may reduce, withdraw, or restore delegated settlement authority.
(e) Settlement negotiations. A settlement authority may settle a claim filed in any amount for a sum within the delegated settlement authority regardless of the amount claimed. Unsettled claims in excess of the delegated settlement authority are sent to the individual with higher settlement authority. Unsuccessful negotiations at one level do not bind higher authority.
(f) Special exceptions. No authority below the level of HQ USAF/JACC may settle claims for:
(1) Legal malpractice.
(2) On the job personal injury or death of an employee of a government contractor or subcontractor.
(3) Assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution committed by an investigative or law enforcement officer.

Title 32 published on 2012-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC : Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 8116 - Limitations on right to receive compensation

§ 8141 - Civil Air Patrol volunteers

USC : Title 10 - ARMED FORCES

§ 939 - Art. 139. Redress of injuries to property

§ 2733 - Property loss; personal injury or death: incident to noncombat activities of Department of Army, Navy, or Air Force

§ 2734 - Property loss; personal injury or death: incident to noncombat activities of the armed forces; foreign countries

§ 2734a - Property loss; personal injury or death: incident to noncombat activities of armed forces in foreign countries; international agreements

§ 2734b - Property loss; personal injury or death: incident to activities of armed forces of foreign countries in United States; international agreements

§ 2736 - Property loss; personal injury or death: advance payment

§ 2737 - Property loss; personal injury or death: incident to use of property of the United States and not cognizable under other law

§ 8013 - Secretary of the Air Force

§ 9441 - Status as federally chartered corporation; purposes

§ 9801 - Definition

§ 9802 - Admiralty claims against the United States

§ 9803 - Admiralty claims by United States

§ 9804 - Salvage claims by United States

§ 9806 - Settlement or compromise: final and conclusive

USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 1346 - United States as defendant

§ 2402 - Jury trial in actions against United States

§ 2671 - Definitions

§ 2672 - Administrative adjustment of claims

§ 2674 - Liability of United States

§ 2675 - Disposition by federal agency as prerequisite; evidence

§ 2676 - Judgment as bar

§ 2677 - Compromise

§ 2678 - Attorney fees; penalty

§ 2679 - Exclusiveness of remedy

§ 2680 - Exceptions

USC : Title 31 - MONEY AND FINANCE

§ 71

§ 951

§ 953

§ 3701 - Definitions and application

§ 3721 - Claims of personnel of agencies and the District of Columbia government for personal property damage or loss

USC : Title 32 - NATIONAL GUARD

§ 715 - Property loss; personal injury or death: activities under certain sections of this title

USC : Title 36 - PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND?ORGANIZATIONS

§ 201

§ 208

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2651 - Recovery by United States

§ 2652 - Regulations

§ 2653 - Limitation or repeal of other provisions for recovery of hospital and medical care costs

USC : Title 46 - SHIPPING

§ 740