---
kind: "section"
citation: "28 C.F.R. § 32.53"
title: "28"
number: "32.53"
heading: "Review."
url: "https://uscodex.org/cfr/28/32.53"
---

# §32.53. Review.

- (a) Upon the filing of the approval (under [subpart E](/cfr/28/subpartE.md) of this part) of a claim, the Director shall review the same.
- (b) The Director may review—
  - (1) Any claim denial made under subpart E of this part; and
  - (2) Any claim approval made under the Act, at [34 U.S.C. 10286](/usc/34/10286.md) or Public Law 107-37.
- (c) Unless the Director judges that it would be unnecessary, the PSOB Office shall serve notice upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer) of the initiation of a review under paragraph [(a)](#a) or [(b)](#b) of this section. Unless the Director judges that it would be unnecessary, such notice shall—
  - (1) Indicate the principal factual findings or legal conclusions at issue; and
  - (2) **Offer a reasonable opportunity for filing of evidence or legal arguments.**
- (d) The Director may reconsider a claim under subparts B or C of this part that has been denied in a final agency determination if—
  - (1) The public safety officer was a WTC responder;
  - (2) **The claim was based on the allegation that—**
    - (i) The WTC responder sustained an injury that was the direct and proximate cause of his death or of his permanent and total disability; and
    - (ii) The WTC responder's injury was sustained in the course of performance of line of duty activity or a line of duty action that exposed him to airborne toxins, other hazards, or other adverse conditions resulting from the September 11, 2001, attacks;
  - (3) **The sole ground of the denial was that the claim did not establish that—**
    - (i) The WTC responder sustained an injury in the course of performance of line of duty activity or a line of duty action; or
    - (ii) The injury allegedly sustained by the WTC responder was the direct and proximate cause of his death or permanent and total disability;
  - (4) The alleged injury on which the claim was based is a WTC-related health condition; and
  - (5) The claimant files with the PSOB Office a motion for such reconsideration before the earlier of two year—
    - (i) The date on which the WTC-related physical health condition, if any, is determined by the September 11th Victim Compensation Fund, for the WTC responder, to meet the definition at [section 104.2(i)](/cfr/28/104.2.md?p=i) of this title (as in effect on January 17, 2017); or
    - (ii) The date on which the WTC-related health condition, if any, is certified, for the WTC responder, (as applicable) 42 U.S.C. [300mm-22(b)(1)(B)(ii)](/usc/42/300mm-22.md?p=b-1-B-ii) or [42](/usc/42/42.md) U.S.C. 300mm-22(b)(2)(A)(ii).

## Notes

### Amendments

[71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018]

### 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

[71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018]