(a) In the event of the PSOB Office's denying a claim, the notice it serves upon the claimant shall—
(1) Specify the factual findings and legal conclusions that support the denial; and
(2) Provide information as to requesting a Hearing Officer determination.
(b) No financial claim shall be approved, unless the claimant's threshold claim has been approved.
(c) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his filed claim, the Director may, at his discretion, deem the same to be abandoned, as though never filed. Not less than thirty-three days prior thereto, the PSOB Office shall serve the claimant with notice of the Director's intention to exercise such discretion.
[71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018]
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 32.34