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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 32 - National Defense |
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Subtitle A - Department of Defense |
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Chapter VII - Department of the Air Force |
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SubChapter D - Claims and Litigation |
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Part 842 - Administrative Claims |
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Subpart E - Foreign Claims (10 U.S.C. 2734) |
§ 842.57 - Reconsideration of final denials.
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§ 842.57 Reconsideration of final denials.
This section provides the procedures used to reconsider a final denial.
(a) 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.
(b) The FCC does not mention a reconsideration right in the original denial letter.
(c) A settlement authority must reconsider the final action when there is:
(1) New and material evidence concerning the claim; or
(2) Obvious errors in the original decision.
(d) The FCC must document in the claim file the reason for reconsideration.
(e) A FCC above the original settlement authority may direct a claim be forwarded to a higher FCC for reconsideration.
[81 FR 83694, Nov. 22, 2016]