§842.57. Reconsideration of final denials.
32 C.F.R. § 842.57
This section provides the procedures used to reconsider a final denial.
An FCC has the inherent authority to reconsider a final decision. The mere fact that a request for reconsideration is received does not obligate the settlement authority to reopen the claim.
The FCC does not mention a reconsideration right in the original denial letter.
A settlement authority must reconsider the final action when there is:
New and material evidence concerning the claim; or
Obvious errors in the original decision.
The FCC must document in the claim file the reason for reconsideration.
A FCC above the original settlement authority may direct a claim be forwarded to a higher FCC for reconsideration.
Notes, amendments, and revision history
Amendments
[81 FR 83694, Nov. 22, 2016]
Source
Source: 55 FR 2809, Jan. 29, 1990. Redesignated at 81 FR 83692, Nov. 22, 2016, unless otherwise noted.
Authority
Authority: Sec. 8013, 100 Stat. 1053, as amended; 10 U.S.C. 8013, except as otherwise noted.
Source
Source: 55 FR 2809, Jan. 29, 1990, unless otherwise noted.
Amendments
[81 FR 83688, Nov. 22, 2016]
Amendments
[81 FR 83694, Nov. 22, 2016]