[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR32.28]

[Page 507]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 32_PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE 
 
                   Subpart C_Disability Benefit Claims
 
Sec. 32.28  Reconsideration of negative disability finding.

    (a) Unless, for good cause shown, the Director extends the time for 
filing, no negative disability finding described in Sec. 32.27 shall be 
reconsidered if the motion under that section is filed with the PSOB 
Office later than thirty-three days after the service of notice of the 
denial.
    (b) Notwithstanding any other provision of this section, no negative 
disability finding described in Sec. 32.27 shall be reconsidered--
    (1) If or after such reconsideration is rendered moot (e.g., by the 
final denial of the claim on other grounds, without possibility of 
further administrative or judicial recourse); or
    (2) If a request for a Hearing Officer determination has been filed 
in timely fashion with respect to such finding.
    (c) Unless, for good cause shown, the Director grants a waiver, upon 
the making of a motion under Sec. 32.27, reconsideration of the 
negative disability finding described in that section shall be stayed 
for three years. Upon the conclusion of the stay, the claimant shall 
have not more than six years to file evidence with the PSOB Office in 
support of his claimed disability.
    (d) Upon a claimant's failure (without reasonable justification or 
excuse) to file in timely fashion evidence pursuant to paragraph (c) of 
this section, the Director may, at his discretion, deem the motion for 
reconsideration to be abandoned, as though never filed. Not less than 
thirty-three days prior thereto, the PSOB Office shall serve the 
claimant with notice of the Director's intention to exercise such 
discretion.
    (e) No negative disability finding described in Sec. 32.27 shall be 
reversed unless a copy (which shall be necessary, but not sufficient, 
for such reversal) of each federal, State, and local income tax return 
filed by or on behalf of the claimant from the year before the date of 
the motion for reconsideration under that section to the date of 
reversal is filed with the PSOB Office.
    (f) Upon its affirming or reversing a negative disability finding 
described in Sec. 32.27, the PSOB Office shall serve notice of the same 
upon the claimant. In the event of an affirmance, such notice shall--
    (1) Specify the factual findings and legal conclusions that support 
it; and
    (2) Provide information as to requesting a Hearing Officer 
determination of the disability finding.