---
kind: "section"
citation: "28 C.F.R. § 32.29"
title: "28"
number: "32.29"
heading: "Request for Hearing Officer determination."
url: "https://uscodex.org/cfr/28/32.29"
---

# §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](/cfr/28/32.27.md); or
    - (ii) Consistent with [§ 32.42(c)](/cfr/28/32.42.md?p=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](/cfr/28/32.27.md); and
  - (2) Of a negative disability finding that is affirmed pursuant to his motion for reconsideration under [§ 32.27](/cfr/28/32.27.md).
- (b) Consistent with [§ 32.8](/cfr/28/32.8.md), the following shall constitute the final agency determination:
  - (1) Any denial not described in [§ 32.27](/cfr/28/32.27.md) that is not the subject of a request for a Hearing Officer determination under [paragraph (a)(1)(i)](#a-1-i) of this section;
  - (2) Any denial described in [§ 32.27](/cfr/28/32.27.md) that is not the subject of a request for a Hearing Officer determination under [paragraph (a)(1)(ii)](#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)](#a-2) of this section.

## Notes

### Amendments

[73 FR 76535, Dec. 17, 2008]

### Authority

Authority: 34 U.S.C. ch. 101, subch. XI; 34 U.S.C. 10110, 10221(a), 10225, 10226, 10251(a), 10261(a)(4) & (b), 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

Source: 71 FR 46037, Aug. 10, 2006, unless otherwise noted.

### Amendments

[73 FR 76535, Dec. 17, 2008]