§ 32.43. Appointment and assignment of Hearing Officers.
240 words·~1 min read·
/us/cfr/t28/s§ 32.43·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Pursuant to 34 U.S.C. 10225 (employment and authority of hearing officers), Hearing Officers may be appointed from time to time by the Director, to remain on the roster of such Officers at his pleasure.
(b)Upon the filing of a request for a Hearing Officer determination (or upon remand or referral), the PSOB Office shall assign the claim to a Hearing Officer on the roster; the PSOB Office may assign a particular claim to a specific Hearing Officer if it judges, in its discretion, that his experience or expertise suit him especially for it.
(c)Upon its making the assignment described in paragraph
(b)of this section, the PSOB Office shall serve notice of the same upon the claimant, with an indication that any evidence or legal argument he wishes to provide is to be filed simultaneously with the PSOB Office and the Hearing Officer.
(d)With respect to an assignment described in paragraph
(b)of this section, the Hearing Officer's consideration shall be---
(1)De novo (unless the Director should expressly prescribe otherwise, with respect to a particular remand or referral), rather than in review of the findings, determinations, affirmances, reversals, assignments, authorizations, decisions, judgments, rulings, or other actions of the PSOB Office; and
(2)Consistent with subpart B, C, or D of this part, as applicable. \[73 FR 76535, Dec. 17, 2008, as amended at 78 FR 29234, May 20, 2013; 83 FR 22387, May 15, 2018\]
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
§ 32.43
Appointment and assignment of Hearing Officers.
Cites 1Cited by 0 across 0 sources