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(2) A detailed statement of the United States Code, and this subpart, amount claimed with respect to each subject to $ 304.8, has been retained by item of property.

the Director of the Peace Corps. (3) Two or more itemized written esti

§ 304.8 Limitations on authority. mates of the cost of such repairs and any itemized receipt of payment for neces

(a) An award, compromise, or settlesary repairs.

ment of a claim under section 2672 of title (4) A statement listing date of pur

28, United States Code, and this subpart chase, purchase price, and salvage value in excess of $25,000 may be effected only where repair is not economical.

with the prior written approval of the (5) Any other evidence or information Attorney General or his designee. For the which may have a bearing on either the purpose of this paragraph, a principal responsibility of the United States for

claim and any derivative or subrogated the injury to or loss of property or the

claim shall be treated as a single claim. damages claimed.

(b) An administrative claim may be

adjusted, determined, compromised, or $ 304.5 Investigations.

settled only after consultation with the The Peace Corps may investigate, or Department of Justice when, in the opinthe General Counsel may request any ion of the General Counsel: other Federal agency to investigate, a (1) A new precedent or a new point of claim filed under this subpart.

law is involved; or

(2) A question of policy is or may be $ 304.6 Claims investigation.

involved; or (a) When a claim has been filed with (3) The United States is or may be the Peace Corps, the General Counsel entitled to indemnity or contribution will send a copy of the claim to the head from a third party, and the Peace Corps of the office concerned and ask him to is unable to adjust the third party designate one employee of that office who claim; or shall act as, and who shall be referred (4) The compromise of a particular to herein as, the Claims Investigating claim, as a practical matter, will or may Officer for that particular claim. The control the disposition of a related claim Claims Investigating Officer shall, with in which the amount to be paid may exthe advice of the General Counsel, where ceed $25,000. necessary:

(c) An administrative claim may be (1) Investigate as completely as is adjusted, determined, compromised, or practicable the nature and circumstances settled only after consultation with the of the occurrence causing the loss or Department of Justice when the Peace damage of the claimant's property.

Corps is informed or is otherwise aware (2) Ascertain the extent of loss or that the United States or an officer, emdamage to the claimant's property. ployee, agent, or cost-type contractor of

(3) Assemble the necessary forms with the United States is involved in litigation required data contained therein.

based on a claim arising out of the same (4) repare a brief statement setting incident or transaction. forth the facts relative to the claim (in

§ 304.9 Referral to Department of the case of motor vehicle accidents, facts

Justice. should be recorded on Standard Form 91A), a statement whether the claim satis

When Department of Justice approval fies the requirements of this subpart, and

or consultation is required under $ 304.8, a recommendation as to the amount to be

the referral or request shall be transpaid in settlement of the claim.

mitted to the Department of Justice by (5) The head of the office concerned

the General Counsel pursuant to 28 CFR will be responsible for assuring that all

14.7 (1968). necessary forms, statements, and all sup- $ 304.10 Review of claim. porting papers have been procured for (a) Upon receipt of the claim file from the file and will transmit the entire file the head of the office concerned, the to the General Counsel.

General Counsel will ascertain that all

supporting papers are contained in the $ 304.7 Authority to adjust, determine,

file. compromise, and settle claims.

(b) After legal review and recommenThe authority to consider, ascertain dation by the General Counsel, the Diadjust, determine, compromise, and set- rector of the Peace Corps will make a tle claims under section 2672 of title 28, written determination on the claim.

$ 304.11 Final denial of claim.

§ 305.1

Purpose and general guideline. The Gencral Counsel will send notifi- The purpose of this subpart is to state cation of the final denial of an adminis- the requirements of eligibility for Peace trative claim to the claimant, his attor- Corps Volunteer Service and to discuss ney, or legal representative by certified the factors considered in the assessment or registered mail. The notification of and selection of eligible applicants for final denial may include a statement of training and service. In carrying out this the reasons for the denial and shall in- subpart, as required by section 5(a) of clude a statement that, if the claimant the Peace Corps Act, as amended, “no Is dissatisfied with the Peace Corps ac- political test shall be required or taken tion, he may file suit in an appropriate into consideration, nor shall there be U.S. District Court not later than 6 any discrimination against any person months after the date of mailing of the on account of race, creed, or color.” notification.

& 305.2 Eligibility. $ 304.12 Action on approved claim.

The Peace Corps invites to Peace Corps (a) Payment of a claim approved un- training programs those eligible applider this subpart is contingent on claim- cants who skills, personal attributes and ant's execution of (1) a “Claim for Dam- aptitudes fit those required for available age or Injury,” Standard Form 95; and Volunteer assignments. The following (2) a “Voucher for Payment,” Standard are the basic requirements that an appliForm 1145, as appropriate. When a

cant must satisfy to be eligible for Peace claimant is represented by an attorney, Corps Volunteer service: the voucher for payment shall designate

(a) Citizenship. Be a citizen or nathe claimant and his attorney as co

tional of the United States or have made payees, and the check shall be delivered such arrangements satisfactory to the to the attorney, whose address shall ap

Offices of Selection and of the General pear on the voucher.

Counsel to be naturalized during the (b) Acceptance by the claimant, his U.S. training period or shortly thereagent, or legal representative of an

after. (See section 5(a) of the Peace award, compromise, or settlement made

Corps Act, as amended.)

(b) Age. Be at least 18 years of age. under section 2672 or 2677 of title 28,

However, if the parents of an 18- to United States Code, is final and con

21-year-old applicant advise the Peace clusive on the claimant, his agent or

Corps that they disapprove of his aplegal representative, and any other per

plication, the application shall be held in son on whose behalf or for whose benefit

abeyance, and the Office of Selection the claim has been presented, and con- shall, after receiving an opinion from stitutes a complete release of any claim the Office of the General Counsel, and against the United States and against considering all the facts of the case, deany officer or employee of the Govern- cide whether to issue an invitation. ment whose act or omission gave rise to

(c) Marital status. (1) If the applicant the claim, by reason of the same subject

is married and living with his or her matter.

spouse (or intends to marry prior to or during Peace Corps service), both hus

band and wife (or fiance and fiancee) PART 305—ELIGIBILITY AND SELEC

must apply and qualify for assignment TION FOR PEACE CORPS VOLUN- at the same location. A married appliTEER SERVICE

cant qualified for assignment as a Volun

teer Leader may, however, be accepted Sec. 305.1 Purpose and general guideline.

for training and service and accompanied 305.2 Eligibility.

overseas by a non-Volunteer spouse. 305.3 Selection standards.

(2) If the applicant (whether male or

female) is married but legally or in fact AUTHORITY: The provisions of this Part 305 issued under secs. 4, 5(a) and 22, 75 Stat.

separated from his spouse, he must, prior 612, 22 U.S.C. 2503; E.O. 11041, as amended,

to being issued an invitation to training, 27 F.R. 7859, 3 CFR 1959–1963 Comp., page satisfy the Director of the Office of Selec623. Sec 2(6), State Department Delegation tion and the General Counsel that (i) of Authority No. 85–11A, as amended.

he will be an effective Volunteer; (ii) his SOURCE: The provisions of this Part 305 participation in the Peace Corps will not appear at 34 F.R. 5841, Mar. 28, 1969, unless further disrupt the marital relationship; otherwise noted.

and (iii) he has acted to ensure that any

obligation of his to support his separated (g) Absence of intelligence backspouse will be met during his training ground. Not have worked for or served and service.

in any intelligence agency, civilian or (d) Dependents. If the applicant military, or have been associated with (whether male or female) has any de- any intelligence operations. pendents and has not been designated a

§ 305.3 Selection standards. Volunteer Leader applicant, he must, prior to being issued an invitation to To qualify for selection for overseas training, satisfy the Director of Selection service as a Volunteer, a trainee must and the General Counsel:

demonstrate by the end of training that (1) As to any dependent other than he or she meets the following selection children under age 18, that his absence standards, and that his enrollment as a for training and service will not deprive Volunteer must be clearly consistent with his dependent(s) of any care or support the interests of the national security. which he may be obligated to provide; (a) Motivation indicating commitand

ment to serve a full term (usually 2 (2) As to any dependent child under years) as a Volunteer despite periods of age 18whether or not living with the stress. applicant—that (1) he has arranged (b) Intelligence sufficient to meet the satisfactorily for the support of the child needs of a particular program and to during his training and service; (i) the cope with other challenges of Peace separation of him and the child will not Corps service, including rapid learning adversely affect their relationship; and in a short training period. (iii) he is not using Peace Corps service (c) Personal qualities including inito escape responsibility for the child's tiative, determination, friendliness, pawelfare.

tience, ability to communicate and (e) Legal status. Not be on parole or respect for other people regardless of probation (other than a summary proba- race, religion, nationality, social standtion) to any court or have any court- ing or political persuasion. established or acknowledged financial or (d) Competence in the skills and proother legal obligation which, in the ficiencies needed for the particular job opinion of the Office of the General assignment overseas. Counsel, could not be satisfied or post- (e) Such reasonable proficiency in the poned during the individual's participa- host country language as his overseas tion in the Peace Corps.

assignment requires. (See section 23 of (f) Medical status. Be able to satisfy the Peace Corps Act.) the Peace Corps' rigorous physical and (f) Adequate knowledge of both the mental health requirements.

host country and the United States.



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Subpart A-General
Subpart A-General

$ 401.1 Definitions.
401.1 Definitions.

(a) In the construction of the regula401.2 Chairmen.

tions in this part, unless the context 401.3 Permanent offices.

otherwise requires, words importing the 401.4 Duties of secretaries.

singular number shall include the plural 401.5 Meetings. 401.6 Service of documents.

and words importing the plural number 401.7 Conduct of hearings.

shall include the singular, and; 401.8 Decision by the whole Commission. (b) “Applicant” mean the Govern401.9 Suspension or amendment of rules.

ment or person on whose behalf an ap401.10 General rule. 401.11 Availability of records.

plication is presented to the Commis

sion in accordance with $ 401.12; Subpart B-Applications

(c) "Government” means the Govern401.12 Presentation to Commission,

ment of Canada or the Government of 401.13 Copies required. 401.14 Authorization by Government.

the United States of America; 401.15 Notice of publication.

(d) “Person" includes Province, State, 401.16 Statement in response.

department or agency of a Province or 401.17 Statement in reply.

State, municipality, individual, partner401.18 Supplemental or amended applications and statements.

ship, corporation and association, but 401.19 Reducing or extending time and dis

loe not include he Government of pensing with statements.

Canada or the Government of the United 401.20 Interested persons and counsel. States of America; 401.21 Consultation. 401.22 Attendance of witnesses and produc

(e) "Oath" includes affirmation; tion of documents.

(f) "Reference” means the document 401.23 Hearings.

by which a question or matter of differ401.24 Expenses of proceedings.

ence is referred to the Commission pur401.25 Government brief regarding navi

suant to Article IX of the Treaty; gable waters.

(g) "The Treaty" means the Treaty Subpart C-References

between the United States of America 401.26 Presentation to Commission.

and His Majesty the King, dated the 11th 401.27 Notice and publication.

day of January 1909; 401.28 Advisory boards. 401.29 Hearings.

(h) “Canadian section” consists of the 401.30 Proceedings under Article X.

commissioners appointed by Her Maj

esty on the recommendation of the GovAUTHORITY: The provisions of this part 401 issued under Art. XII, 36 Stat. 2453.

ernor in Council of Canada;

(1) "United States section" consists of SOURCE: The provisions of this Part 401 appear at 30 F.R. 3379, Mar. 13, 1965, unless the Commissioners appointed by the otherwise noted.

President of the United States.

§ 401.2 Chairmen.

(a) The commissioners of the United States section of the Commission shall appoint one of their number as chairman, to be known as the Chairman of the United States Section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in the United States and in respect to all matters required to be done in the United States by the chairman of the Commission.

(b) The commissioners of the Canadian section of the Commission shall appoint one of their number as chairman, to be known as the Chairman of the Canadian Section of the International Joint Commission, and he shall act as chairman at all meetings of the Commission held in Canada and in respect to all matters required to be done in Canada by the chairman of the Commission.

(c) In case it shall be impracticable for the chairman of either section to act in any matter, the commissioner of such section who is senior in order of appointment shall act in his stead. § 401.3 Permanent offices.

The permanent offices of the Commission shall be at Washington, in the District of Columbia, and at Ottawa, in the Province of Ontario, and, subject to the directions of the respective chairmen acting for their respective sections, the secretaries of the United States and Canadian sections of the Commission shall have full charge and control of said offices, respectively. § 401.4 Duties of secretaries.

(a) The secretaries shall act as joint secretaries at all meetings and hearings of the Commission. The secretary of the section of the Commission of the country in which a meeting or hearing is held shall prepare a record thereof and each secretary shall preserve an authentic copy of the same in the permanent offices of the Commission.

(b) Each secretary shall receive and file all applications, references and other papers properly presented to the Commission in any proceeding instituted before it and shall number in numerical order all such applications and references; the number given to an application or reference shall be the primary file number for all papers relating to such application or reference.

(c) Each secretary shall forward to the other for filing in the office of the

other copies of all official letters, documents, records or other papers received by him or filed in his office, pertaining to any proceeding before the Commission, to the end that there shall be on file in each office either the original or a copy of all official letters and other papers, relating to the said proceeding.

(d) Each secretary shall also forward to the other for filing in the office of the other copies of any letters, documents or other papers received by him or filed in his office which are deemed by him to be of interest to the Commission. § 401.5 Meetings.

(a) Subject at all times to special call or direction by the two Governments, meetings of the Commission shall be held at such times and places in the United States and Canada as the Commission or the Chairman may determine and in any event shall be held each year at Washington in April and at Ottawa in October, beginning ordinarily on the first Tuesday of the said months.

(b) If the Commission determines that a meeting shall be open to the public, it shall give such advance notice to this effect as it considers appropriate in the circumstances. $ 401.6 Service of documents.

(a) Where the secretary is required by the regulations in this part to give notice to any person, this shall be done by delivering or mailing such notice to the person at the address for service that the said person has furnished to the Commission, or if no such address has been furnished, at the dwelling house or usual place of abode or usual place of business of such person.

(b) Where the secretary is required by the regulations in this part to give notice to a Government, this shall be done by delivering or mailing such notice to the Secretary of State for External Affairs of Canada or to the Secretary of State of the United States of America, as the case may be.

(c) Service of any document pursuant to $ 401.22 shall be by delivering a copy thereof to the person named therein, or by leaving the same at the dwelling house or usual place of abode or usual place of business of such person. The person serving the notice or request shall furnish an affidavit to the secretary stating the time and place of such service.

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