28 CFR 32.29 – Request for Hearing Officer determination
(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—
Terms Used In 28 CFR 32.29
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
(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.