(a) If the 60-day period specified in the notice accompanying the
recommended decision (plus any extension of such period granted by the
FAB) for filing objections to the recommended decision expires and no
objections have been filed, or if the claimant waives any objections to
all or part of the recommended decision, the FAB will issue a decision
affirming the recommended decision, either in whole or in part (see
Secs. 30.311, 30.312 and 30.314(a)).
(b) If the claimant files objections to all or part of the
recommended decision, the FAB reviewer will issue a decision on the
claim after either the hearing or the review of the written record, and
after completing such further development of the case as he or she may
deem necessary.
(c) Any recommended decision (or part thereof) that is pending
either a hearing or a review of the written record for more than one
year from the date the FAB receives the record from the district office
shall be considered affirmed by the FAB on the one-year anniversary of
such date.
(d) The decision of the FAB, whether issued pursuant to paragraph
(a), (b) or (c) of this section, shall be final upon the expiration of
30 days from the date of issuance of such decision, unless a timely
request for reconsideration under Sec. 30.319 has been filed.
(e) A copy of the decision of the FAB will be mailed to the
claimant's last known address. However, if the claimant has a
designated representative before OWCP, the copy of the decision will be
mailed to the representative. Notification to either the claimant or
the representative will be considered notification to both parties.
