I-4-1-36.Preparation and Release of Declarations

Last Update: 9/13/05 (Transmittal I-4-15)

One copy of the declaration must be prepared by the CCPRB analyst and signed by the CCPRB branch chief.

After the analyst (or support staff in untimely filed cases) has proofread the declaration and attached the supporting documents, the declaration must be placed in a separate folder with a declaration route slip (I-4-1-114), showing the type of declaration and the claimant's name and Social Security Number (SSN), and be given to the branch chief for signature.

After the declaration is signed, the staff must:

  • Make seven photocopies of the signed original declaration and eight copies of any attached exhibits.

  • Place the original and one set of exhibits in a manila folder (DO NOT STAPLE).

  • Place the remaining photocopies in a second folder, along with five sets of exhibit copies.

  • Route both folders to the OGC office assigned to the jurisdiction in which the complaint was filed, with a route slip which shows the name of the person who prepared the declaration.

  • Place one copy of the declaration and exhibits in the claim file and, unless OGC instructs otherwise, retain the file in the branch until the court has acted.

  • Retain one copy for the branch reading file.

  • Make the following entries on LOTS:

    1. Enter in the “disposition type” column:

      • “ut” untimely

      • “fe” failure to exhaust

      • “ju” other

      • “co” contempt

      • “ma” mandamus

      • “rj” res judicata

    2. Enter the date in the “disposition date” column.

  • Make the appropriate OHA CCS system entry if the declaration will be used in conjunction with a motion to dismiss.

  • Retain the claim file in the branch awaiting disposition by the court on the declaration action.