(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]
authority: 34 U.S.C. ch. 101, subch. XI;
34 U.S.C. 10110,
10221,
10225,
10226,
10251,
10261,
10272,
110286,
10287,
10288; Pub. L. 90 351, title IX, sec. 1601, 82 Stat. 239; Pub. L. 94 430, secs. 4 through 6, 90 Stat. 1348; Pub. L. 106-113, div. B, sec. 1000(a)(1) [title I, sec. 108(a)], 113 Stat. 1535, 1501A-20, as amended by Pub. L. 107-56, title VI, sec. 614, 115 Stat. 370, and codified (as amended) as a statutory note to
34 U.S.C. 10110; Pub. L. 106-553, sec. 1(a)(2) [title I, sec. 108], 114 Stat. 2762, 2762A-6; Pub. L. 107 37, secs. 1 and 2, 115 Stat. 219
source: 71 FR 46037, Aug. 10, 2006, unless otherwise noted.
cite as: 28 CFR 32.29