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Title 32: National Defense
Subtitle A: Department of Defense (Continued)
CHAPTER V: DEPARTMENT OF THE ARMY
SUBCHAPTER A: AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS
PART 516: LITIGATION
Subpart E: Legal Proceedings Initiated by the United States Medical Care and Property Claims
516.34 - Referral of medical care and property claims for litigation.
(a) Criteria for referral. The RJA will forward the claims file and a litigation report (See ? 516.35 of this part) through USARCS to Litigation Division when the claim has not been resolved administratively and any of the following conditions exist:
(1) The claim exceeds $5,000;
(2) It involves collection from the injured party or his attorney;
(3) The claim raises an important question of policy; or,
(4) There is potential for a significant precedent.
(b) Alternative methods. When none of the conditions cited in the preceding subparagraph are present, the RJA may refer the claim directly to the U.S. Attorney for the district in which the prospective defendant resides. Similar property claims may be referred through USARCS to DOJ's Nationwide Central Intake Facility (NCIF) rather than directly to the U.S. Attorney. Notice of all such referrals shall be provided through USARCS to Tort Branch, Litigation Division. The RJA should be ready to provide support to the U.S. Attorney if requested.
(c) Closing files. A file referred directly to the U.S. Attorney will be closed if the U.S. Attorney determines further action is unwarranted. If the RJA disagrees, the file should be forwarded with the RJA's recommendation through USARCS to Litigation Division.
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