28 C.F.R. § 32.29

Request for Hearing Officer determination

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(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]

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2007–2025 · leading case: Julie Amber-Messick, Adm'x of the Est. of Christopher Kangas, Deceased v. United States, 483 F.3d 1316 (Fed. Cir. 2007).

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Julie Amber-Messick, Adm'x of the Est. of Christopher Kangas, Deceased v. United States, 483 F.3d 1316 (Fed. Cir. 2007). “24 (a) (2002) (current version at 28 C.F.R. § 32.29 (2006)). . The Hearing Officer cited Webster’s Dictionary (10th ed.”

Lobo v. DOJ (Fed. Cir. 2025). “Lobo timely filed a request for a determination by a Hearing Officer under 28 C.F.R. § 32.29 . J.A. 577; see J.A. 3.”

Amber-Messick, Adm'x of the Est. of Christopher Kangas, Deceased v. United States (Fed. Cir. 2007). “24 (a) (2002) (current version at 28 C.F.R. § 32.29 (2006)). 2 The Hearing Officer cited Webster’s Dictionary (10th ed.”

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