28 CFR 32.29 : Judicial Administration (§ 0.1 To Parts 1101-1199) — (§ 0.1 To Appendix B To Subpart I Of Part 42) — Department Of Justice (§ 0.1 To Appendix B To Subpart I Of Part 42) — Public Safety Officers' Death, Disability, And Educational Assistance Benefit Claims (§ 32.0 To § 32.55) — Disability Benefit Claims (§ 32.21 To § 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 -

(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.