§ 32.29. Request for Hearing Officer determination.
213 words·~1 min read·
/us/cfr/t28/s§ 32.29·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)In order to exhaust his administrative remedies, a claimant seeking relief from the denial of his claim shall request a Hearing Officer determination under subpart E of this part---
(1)Of---
(i)His entire claim, if he has not moved for reconsideration of a negative disability finding under § 32.27; or
(ii)Consistent with § 32.42(c), the grounds (if any) of the denial that are not the subject of such motion, if he has moved for reconsideration of a negative disability finding under § 32.27; and
(2)Of a negative disability finding that is affirmed pursuant to his motion for reconsideration under § 32.27.
(b)Consistent with § 32.8, the following shall constitute the final agency determination:
(1)Any denial not described in § 32.27 that is not the subject of a request for a Hearing Officer determination under paragraph (a)(1)(i) of this section;
(2)Any denial described in § 32.27 that is not the subject of a request for a Hearing Officer determination under paragraph (a)(1)(ii) of this section, unless the negative disability finding is the subject of a motion for reconsideration; and
(3)Any affirmance that is not the subject of a request for a Hearing Officer determination under paragraph (a)(2) of this section. \[73 FR 76535, Dec. 17, 2008\]