Request for Hearing Officer determination.

§ 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. [73 FR 76535, Dec. 17, 2008]