---
kind: "section"
citation: "32 C.F.R. § 750.31"
title: "32"
number: "750.31"
heading: "Reconsideration."
url: "https://uscodex.org/cfr/32/750.31"
---

# §750.31. Reconsideration.

- (a) **Request.** Prior to the commencement of suit and prior to the expiration of the 6-month period for filing suit, a claimant or his duly authorized agent or legal representative may present a request for reconsideration to the authority who denied the claim. The request shall be in writing and shall state the reasons for the requested reconsideration. A request for reconsideration is presented on the date it is received by the DON. [28 CFR 14.9(b)](/cfr/28/14.9.md?p=b).
- (b) **Proper basis.** A request for reconsideration shall set forth claimant's reasons for the request, and shall include any supplemental supporting evidence or information. Any writing communicating a desire for reconsideration that reasonably appears to have been presented solely for the purpose of extending the statutory period for filing suit, shall not be treated as a request for reconsideration. Claimant or claimant's authorized representative shall be notified promptly that the writing is not considered a proper request for reconsideration.
- (c) **Effect of presentment of request.** The presentment of a proper request for reconsideration starts a new 6-month period for the DON to act on the request to reconsider. The claimant may not file suit until the expiration of the new 6-month period, or until after the date of mailing of the final denial of the request. Final denial of a request for reconsideration shall be accomplished in the manner prescribed in [§ 750.30](/cfr/32/750.30.md). [28 CFR 14.9(b)](/cfr/28/14.9.md?p=b).

## Notes

### Authority

Authority: 5 U.S.C. 301, 5 U.S.C. 552, 10 U.S.C. 5013, and 5148.

### Source

Source: 57 FR 4722, Feb. 7, 1992, unless otherwise noted.