cfr_sections
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43 rows where part_number = 32 and title_number = 28 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:1.0.1.1.33.0.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | § 32.0 Scope of part. | DOJ | [73 FR 76528, Dec. 17, 2008] | This part implements the Act, which, as a general matter, authorizes the payment of three different legal gratuities: (a) Death benefits; (b) Disability benefits; and (c) Educational assistance benefits. | ||||||
| 28:28:1.0.1.1.33.1.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.1 Scope of subpart. | DOJ | This subpart contains provisions generally applicable to this part. | |||||
| 28:28:1.0.1.1.33.1.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.2 Computation of time; filing. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22378, May 15, 2018] | (a) In computing any period of time prescribed or allowed, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a federal legal holiday, or, when the act to be done is a filing with the PSOB Office, a day on which weather or other conditions have caused that Office to be closed or inaccessible, in which event the period runs until the end of the next day that is not one of the aforedescribed days. (b) Except as provided in paragraph (g) of this section, a filing is deemed filed with the PSOB Office, a Hearing Officer, the Director, or any other OJP office, -officer, -employee, or -agent, only on the day that it actually is received at the office of the same. When a filing is prescribed to be filed with more than one of the foregoing, it shall be deemed filed as of the day the last such one so receives it. (c) Except as provided in paragraph (g) of this section, notice is served by the PSOB Office upon an individual on the day that it is— (1) Mailed, by U.S. mail, addressed to the individual (or to his representative) at his (or his representative's) last address known to such Office; or (2) Delivered to a courier or other delivery service, addressed to the individual (or to his representative) at his (or his representative's) last address known to such Office. (d) In the event of withdrawal or abandonment of a filing, the time periods prescribed for the filing thereof shall not be tolled, unless, for good cause shown, the Director grants a waiver. (e) No claim may be filed (or approved) under the Act, at 34 U.S.C. 10281(a) or (b), with respect to an injury, if a claim under the Act, at 34 U.S.C. 10286 or Public Law 107-37, has been approved, with respect to the same injury. (f) No claim may be filed (or approved) under the Act, at 34 U.S.C. 10286 or Public Law 107-37, with respect to an injury, if a claim under the Act, at 34 U.S.C. 10281(a) or (b), … | ||||
| 28:28:1.0.1.1.33.1.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.3 Definitions. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 73 FR 76528, Dec. 17, 2008; 78 FR 29234, May 20, 2013; 79 FR 35492, June 23, 2014; 83 FR 22378, May 15, 2018] | Act means the Public Safety Officers' Benefits Act of 1976 (generally codified at 34 U.S.C. 10281, et seq.; part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968) (including (uncodified) sections 4 through 6 thereof (payment in advance of appropriations, rule of construction and severability, and effective date and applicability)), as applicable (cf. § 32.4(d)) according to its effective date and those of its various amendments ( e.g., Sep. 29, 1976 (deaths of State and local law enforcement officers and firefighters); Oct 3, 1996 (educational assistance (federal law enforcement officer disabled)); Nov. 14, 1998 (educational assistance (officer (other than federal law enforcement officer) disabled)); Oct. 30, 2000 (disaster relief workers); Sep. 11, 2001 (chaplains and insurance beneficiaries); Dec. 15, 2003 (certain heart attacks and strokes); Apr. 5, 2006 (designated beneficiaries); June 1, 2009 (certain members of rescue squads or ambulance crews); Jan. 2, 2013 (designated beneficiaries; vascular ruptures); and June 2, 2017 (certain administrative changes)); and also includes Public Law 107-37 and section 611 of the USA PATRIOT Act (both of which relate to payment of benefits, described under subpart 1 of such part L, in connection, respectively, with the terrorist attacks of Sept. 11, 2001, or with such terrorist attacks as may occur after Oct. 26, 2001), as well as the proviso under the Public Safety Officers Benefits heading in title II of division B of section 6 of Public Law 110-161. Adopted child —An individual is an adopted child of a public safety officer only if— (1) The individual is legally adopted by the officer; or (2) As of the injury date, and not being a stepchild, the individual was— (i) Known by the officer not to be his biological first-generation offspring; and (ii) After the officer obtained such knowledge, in a parent-child relationship with him. Authorized commuting means travel (not being described in the Act, at 34 U.S.C. 10282, and not being a frolic o… | ||||
| 28:28:1.0.1.1.33.1.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.4 Terms; construction, severability; effect. | DOJ | [73 FR 76531, Dec. 17, 2008, as amended at 83 FR 22382, May 15, 2018] | (a) In determining the meaning of any provision of this part, unless the context should indicate otherwise, the first three provisions of 1 U.S.C. 1 (rules of construction) shall apply. (b) If benefits are denied to any individual pursuant to the Act, at 34 U.S.C. 10282(a)(4), or otherwise because his actions were a substantial contributing factor to the death of the public safety officer, such individual shall be presumed irrebuttably, for all purposes, not to have survived the officer. (c) Any provision of this part held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable herefrom and shall not affect the remainder hereof or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances. (d) Unless the same should expressly provide otherwise (e.g., by use of the word “hereafter” in an appropriations proviso), any amendment to the Act (or any statutory enactment otherwise directly referent or -applicable to the program that is the subject of this part), shall apply only with respect to injuries (or, in connection with claims under the Act, at 34 U.S.C. 10281(k), shall apply only with respect to heart attacks, strokes, or vascular ruptures referred to in the Act, at 34 U.S.C. 10281(k)(2)) occurring on or after the date it takes effect. (e) Unless expressly provided otherwise, any reference in this part to any provision of law not in this part shall be understood to constitute a general reference under the doctrine of incorporation by reference, and thus to include any subsequent amendments to the provision. | ||||
| 28:28:1.0.1.1.33.1.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.5 Evidence. | DOJ | [73 FR 76531, Dec. 17, 2008, as amended at 83 FR 22383, May 15, 2018] | (a) Except as otherwise may be expressly provided in the Act or this part, a claimant has the burden of persuasion as to all material issues of fact, and by the standard of proof of “more likely than not.” (b) Except as otherwise may be expressly provided in the Act or this part, the PSOB determining official may, at his discretion, consider (but shall not be bound by) the factual findings of a public agency (or public safety agency). (c) Rules 301 (presumptions), 401 (relevant evidence), 402 (admissibility), 602 to 604 (witnesses), 701 to 704 (testimony), 901 to 903 (authentication), and 1001 to 1007 (contents of writings, records, and photographs) of the Federal Rules of Evidence shall apply, mutatis mutandis, to all filings, hearings, and other proceedings or matters. No extrinsic evidence of authenticity as a condition precedent to admissibility shall be required with respect to any document purporting to bear the signature of an expert engaged by the BJA. (d) In determining a claim, the PSOB determining official may, at his discretion, draw an adverse inference if, without reasonable justification or excuse— (1) A claimant fails or refuses to file with the PSOB Office— (i) Such material- or relevant evidence or -information within his possession, control, or ken as may reasonably be requested from time to time by such official; or (ii) Such authorizations or waivers as may reasonably be requested from time to time by such official to enable him (or to assist in enabling him) to obtain access to material- or relevant evidence or -information of a medical, personnel, financial, or other confidential nature; (2) A claimant under subpart C of this part fails or refuses to appear in person— (i) At his hearing under subpart E of this part (if there be such a hearing); or (ii) Before such official (or otherwise permit such official personally to observe his condition), at a time and location reasonably convenient to both, as may reasonably be requested by such official; or (3) A claimant under subpart B… | ||||
| 28:28:1.0.1.1.33.1.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.6 Payment and repayment. | DOJ | [73 FR 76532, Dec. 17, 2008, as amended at 83 FR 22383, May 15, 2018] | (a) No payment shall be made to (or on behalf of) more than one individual, on the basis of being a particular public safety officer's spouse. If more than one should qualify, payment shall be made to the one with whom the officer considered himself, as of the injury date, to have the closest relationship, except that the individual (if any) who was a member of the officer's household (as of such date) shall be presumed rebuttably to be such one, unless legal proceedings (by the officer against such member, or vice versa) shall have been pending then in any court. (b) No payment shall be made, save pursuant to a claim, filed by (or on behalf of) the payee, that (except as provided in the Act, at 34 U.S.C. 10281(c)) has been approved in a final agency determination. (c) Any amounts that would be paid but for the provisions of paragraph (b) of this section shall be retained by the United States and not paid. (d) With respect to the amount paid to a payee (or on his behalf) pursuant to a claim, the payee shall repay the following, unless, for good cause shown, the Director grants a full or partial waiver pursuant to the Act, at 34 U.S.C. 10281(m): (1) The entire amount, if approval of the claim was based, in whole or in material part, on the payee's (or any other person's or entity's) fraud, concealment or withholding of evidence or information, false, incomplete, or inaccurate statements or representations, mistake, wrongdoing, or deception; or (2) The entire amount subject to divestment, if the payee's entitlement to such payment is divested, in whole or in part, such as by the subsequent discovery of individuals entitled to make equal or superior claims. (e) At the discretion of the Director, repayment of amounts owing or collectible under the Act or this part may, as applicable, be executed through setoffs against future payments on financial claims under subpart D of this part. (f)(1) If the actual net payment of the Victim Compensation Fund after subtraction of any offset required by law (compensation) … | ||||
| 28:28:1.0.1.1.33.1.14.7 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.7 Fees for representative services. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22383, May 15, 2018] | (a) A person seeking to receive any amount from (or with respect to) a claimant for representative services provided in connection with any matter under this part may petition the PSOB Office for authorization under this section. Such petition shall include— (1) An itemized description of the services; (2) The total amount sought to be received, from any source, as consideration for the services; (3) An itemized description of any representative or other services provided to (or on behalf of) the claimant in connection with other claims or causes of action, unrelated to the Act, before any public agency or non-public entity (including any insurer), arising from the public safety officer's death, disability, or injury; (4) The total amount requested, charged, received, or sought to be received, from any source, as consideration for the services described in paragraph (a)(3) of this section; (5) A statement of whether the petitioner has legal training or is licensed to practice law, and a description of any special qualifications possessed by the petitioner (other than legal training or a license to practice law) that increased the value of his services to (or on behalf of) the claimant; (6) A certification that the claimant was provided, simultaneously with the filing of the petition, with— (i) A copy of the petition; and (ii) A letter advising the claimant that he could file his comments on the petition, if any, with the PSOB Office, within thirty-three days of the date of that letter; and (7) A copy of the letter described in paragraph (a)(6)(ii) of this section. (b) Unless, for good cause shown, the Director extends the time for filing, no petition under paragraph (a) of this section shall be considered if the petition is filed with the PSOB Office later than one year after the date of the final agency determination of the claim. (c) Unless the petition is approved pursuant to paragraph (h)(1) of this section (without regard to the exception thereto), consideration of a petition under paragraph (a)… | ||||
| 28:28:1.0.1.1.33.1.14.8 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | A | Subpart A—General Provisions | § 32.8 Exhaustion of administrative remedies. | DOJ | No determination or negative disability finding that, at the time made, may be subject to a request for a Hearing Officer determination, a motion for reconsideration, or a Director appeal, shall be considered a final agency determination for purposes of judicial review, unless all administrative remedies have been exhausted. | |||||
| 28:28:1.0.1.1.33.2.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.11 Scope of subpart. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22383, May 15, 2018] | Consistent with § 32.1, this subpart contains provisions applicable to claims made under the Act— (a) At 34 U.S.C. 10281(a); or (b) At 34 U.S.C. 10286 or Public Law 107-37, with respect to a public safety officer's death. | ||||
| 28:28:1.0.1.1.33.2.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.12 Time for filing claim. | DOJ | [83 FR 22384, May 15, 2018] | (a) Unless, for good cause shown, the Director extends the time for filing, no claim shall be considered if it is filed with the PSOB Office after whichever of the following is latest: (1) Three years after the public safety officer's death; or (2) One year after the later of— (i) A final determination of entitlement to receive, or of denial of, the benefits, if any, described in § 32.15(a)(1)(i); or (ii) The receipt of the certification described in § 32.15(a)(1)(ii); or (3) The end of the supporting-evidence collection period. (b) Unless, for good cause shown, the Director extends the time for filing, no individual may file a notice of intention to file a claim after the later of— (1) The period described in paragraph (a)(1) of this section; or (2) The period described in paragraph (a)(2) of this section. (c) In the event that a claim is filed that fails to identify and provide foundational evidence as to status and injury, the Director shall deny the claim for lack of that foundational evidence. Not less than thirty-three days prior to such denial, the PSOB Office shall serve the claimant with notice of the date on which the Director will deny for that lack of evidence. Upon the claimant's request, filed prior to the date specified for the denial, the Director shall, in lieu of the denial— (1) Allow the claimant to withdraw his claim; and (2) Deem (as of the date of the request to withdraw) the claimant to have filed a notice of intention to file a claim, if a notice of intention otherwise filed by the claimant on that date would be timely under paragraph (b) of this section. (d) Notwithstanding paragraph (a) of this section, unless, for good cause shown, the Director extends the time for filing, no claim based on an injury sustained by a WTC responder and resulting from the September 11, 2001, attacks shall be considered if it is filed with the PSOB Office after the later of— (1) The time provided in paragraph (a) of this section; or (2) Two years after the earlier of— (i) The date on which the… | ||||
| 28:28:1.0.1.1.33.2.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.13 Definitions. | DOJ | [61 FR 50213, Sept. 24, 1996, as amended at 73 FR 76832, Dec. 17, 2008; 83 FR 22384, May 15, 2018] | Adoptive parent of a public safety officer means any individual who (not being a step-parent), as of the injury date, was the legally-adoptive parent of the public safety officer, or otherwise was in a child-parent relationship with him. Beneficiary of a life insurance policy of a public safety officer —An individual (living or deceased on the date of death of the public safety officer) is designated as beneficiary of a life insurance policy of such officer as of such date, only if the designation is, as of such date, legal and valid (as a designation of beneficiary of a life insurance policy) and unrevoked (by such officer or by operation of law) or otherwise unterminated, except that— (1) Any designation of an individual (including any designation of the biological or adoptive offspring of such individual) made in contemplation of such individual's marriage (or purported marriage) to such officer shall be considered to be revoked by such officer as of such date of death if the marriage (or purported marriage) did not take place, unless preponderant evidence demonstrates that— (i) It did not take place for reasons other than personal differences between the officer and the individual; or (ii) No such revocation was intended by the officer; and (2) Any designation of a spouse (or purported spouse) made in contemplation of or during such spouse's (or purported spouse's) marriage (or purported marriage) to such officer (including any designation of the biological or adoptive offspring of such spouse (or purported spouse)) shall be considered to be revoked by such officer as of such date of death if the spouse (or purported spouse) is divorced from such officer after the date of designation and before such date of death, unless preponderant evidence demonstrates that no such revocation was intended by the officer. Beneficiary under the Act, at 34 U.S.C. 10281(a)(4)(A) —An individual (living or deceased on the date of death of the public safety officer) is designated, by such officer (and as of such date), as … | ||||
| 28:28:1.0.1.1.33.2.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.14 PSOB Office determination. | DOJ | [73 FR 76534, Dec. 17, 2008, as amended at 83 FR 22385, May 15, 2018] | (a) Upon its approving or denying a claim, the PSOB Office shall serve notice of the same upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer). Such notice shall — (1) Specify the factual findings and legal conclusions that support it; and (2) In the event of a denial, provide information as to requesting a Hearing Officer determination. (b) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination, by the PSOB Office, of his filed claim, the Director may, at his discretion, deem the same 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. | ||||
| 28:28:1.0.1.1.33.2.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.15 Prerequisite certification. | DOJ | [73 FR 76534, Dec. 17, 2008, as amended at 83 FR 22385, May 15, 2018] | (a) Except as provided in the Act, at 34 U.S.C. 10286 or Public Law 107-37, and unless, for good cause shown, the Director grants a waiver, no claim shall be approved unless the following (which shall be necessary, but not sufficient, for such approval) are filed with the PSOB Office: (1) Subject to paragraphs (b) and (d) of this section, a certification from the public safety officer's public safety agency (as of the injury date) that he died as a direct and proximate result of a line of duty injury, and either— (i) That his survivors (listed by name, address, relationship to him, and amount received) have received (or legally are entitled to receive) the maximum death benefits legally payable by the agency with respect to deaths of public safety officers of his kind, rank, and tenure; or (ii) Subject to paragraph (c) of this section, that the agency is not legally authorized to pay— (A) Any benefits described in paragraph (a)(1)(i) of this section, to any person; or (B) Any benefits described in paragraph (a)(1)(i) of this section, to public safety officers of the kind, rank, and tenure described in such paragraph; (2) A copy of any findings or rulings made by any public agency (or public safety agency) that relate to the officer's death; and (3) A certification from the claimant listing every individual known to him who is or might be the officer's child, spouse, or parent. (b) The provisions of paragraphs (a)(1) and (d) of this section shall also apply with respect to every public agency (or public safety agency) that legally is authorized to pay death benefits with respect to the agency described in such paragraph (a)(1). (c) No certification described in paragraph (a)(1)(ii) of this section shall be deemed complete for purposes of this section unless it— (1) Lists every public agency (other than BJA), and every public safety agency, that legally is authorized to pay death benefits with respect to the certifying agency; or (2) States that no public agency (other than BJA), or public safety agency,… | ||||
| 28:28:1.0.1.1.33.2.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.16 Payment. | DOJ | [73 FR 76535, Dec. 17, 2008, as amended at 83 FR 22385, May 15, 2018] | (a) No payment shall be made to (or on behalf of) more than one individual, on the basis of being a public safety officer's parent as his mother, or on that basis as his father. If more than one parent qualifies as the officer's mother, or as his father, payment shall be made to the one with whom the officer considered himself, as of the injury date, to have the closest relationship, except that any biological or legally adoptive parent whose parental rights have not been terminated as of the injury date shall be presumed rebuttably to be such one. (b) Any amount payable with respect to a minor or incompetent shall be paid to his legal guardian, to be expended solely for the benefit of such minor or incompetent. | ||||
| 28:28:1.0.1.1.33.2.14.7 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | B | Subpart B—Death Benefit Claims | § 32.17 Request for Hearing Officer determination. | DOJ | 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. Consistent with § 32.8, any denial that is not the subject of such a request shall constitute the final agency determination. | |||||
| 28:28:1.0.1.1.33.3.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.21 Scope of subpart. | DOJ | [71 FR 46037, Aug. 10, 2016, as amended at 83 FR 22385, May 15, 2018] | Consistent with § 32.1, this subpart contains provisions applicable to claims made under the Act— (a) At 34 U.S.C. 10281(b); or (b) At 34 U.S.C. 10286 or Public Law 107-37, with respect to a public safety officer's disability. | ||||
| 28:28:1.0.1.1.33.3.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.22 Time for filing claim. | DOJ | [83 FR 22386, May 15, 2018] | (a) Unless, for good cause shown, the Director extends the time for filing, no claim shall be considered if it is filed with the PSOB Office after the later of— (1) Three years after the injury date; or (2) One year after the later of— (i) A final determination of entitlement to receive, or of denial of, the benefits, if any, described in § 32.25(a)(1)(i); or (ii) The receipt of the certification described in § 32.25(a)(1)(ii); or (3) The end of the supporting-evidence collection period. (b) Unless, for good cause shown, the Director extends the time for filing, no individual may file a notice of intention to file a claim after the later of— (1) The period described in paragraph (a)(1) of this section; or (2) The period described in paragraph (a)(2) of this section. (c) In the event that a claim is filed that fails to identify and provide foundational evidence as to status and injury, the Director shall deny the claim for lack of that foundational evidence. Not less than thirty-three days prior to such denial, the PSOB Office shall serve the claimant with notice of the date on which the Director will deny for that lack of evidence. Upon the claimant's request, filed prior to the date specified for the denial, the Director shall, in lieu of the denial— (1) Allow the claimant to withdraw his claim; and (2) Deem (as of the date of the request to withdraw) the claimant to have filed a notice of intention to file a claim, if a notice of intention otherwise filed by the claimant on that date would be timely under paragraph (b) of this section. (d) Notwithstanding paragraph (a) of this section, unless, for good cause shown, the Director extends the time for filing, no claim based on an injury sustained by a WTC responder and resulting from the September 11, 2001, attacks shall be considered if it is filed with the PSOB Office after the later of— (1) The time provided in paragraph (a) of this section; or (2) Two years after the earlier of— (i) The date on which the WTC-related physical health condition, if… | ||||
| 28:28:1.0.1.1.33.3.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.23 Definitions. | DOJ | Direct result of an injury —A disability results directly from an injury if the injury is a substantial factor in bringing the disability about. Gainful work means full-or part-time activity that actually is compensated or commonly is compensated. Medical certainty —A fact exists to a degree of medical certainty, when, pursuant to a medical assessment, the fact is demonstrated by convincing evidence. Permanently disabled —An individual is permanently disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his disabled condition— (1) Will progressively deteriorate or remain constant, over his expected lifetime; or (2) Otherwise has reached maximum medical improvement. Product of an injury —Permanent and total disability is produced by a catastrophic injury suffered as a direct and proximate result of a personal injury if the disability is a direct result of the personal injury. Residual functional capacity means that which an individual still is capable of doing, as shown by medical (and, as appropriate, vocational) assessment, despite a disability. Totally disabled —An individual is totally disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his residual functional capacity is such that he cannot perform any gainful work. | |||||
| 28:28:1.0.1.1.33.3.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.24 PSOB Office determination. | DOJ | [71 FR 46037, Aug. 10, 2018, as amended at 83 FR 22386, May 15, 2018] | (a) Upon its approving or denying a claim, the PSOB Office shall serve notice of the same upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer). Such notice shall— (1) Specify the factual findings and legal conclusions that support it; and (2) In the event of a denial, provide information as to— (i) Requesting a Hearing Officer determination; or (ii) As applicable, moving to reconsider a negative disability finding. (b) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his filed claim, the Director may, at his discretion, deem the same 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. | ||||
| 28:28:1.0.1.1.33.3.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.25 Prerequisite certification. | DOJ | [71 FR 46037, Aug. 10, 2018, as amended at 83 FR 22386, May 15, 2018] | (a) Except as provided in the Act, at 34 U.S.C. 10286 or Public Law 107-37, and unless, for good cause shown, the Director grants a waiver, no claim shall be approved unless the following (which shall be necessary, but not sufficient, for such approval) are filed with the PSOB Office: (1) Subject to paragraph (b) of this section, a certification from the public safety officer's public safety agency (as of the injury date) that he was permanently and totally disabled as a direct result of a line of duty injury, and either— (i) That he has received (or legally is entitled to receive) the maximum disability benefits (including workers' compensation) legally payable by the agency with respect to disabled public safety officers of his kind, rank, and tenure; or (ii) Subject to paragraph (c) of this section, that the agency is not legally authorized to pay— (A) Any benefits described in paragraph (a)(1)(i) of this section, to any person; or (B) Any benefits described in paragraph (a)(1)(i) of this section, to public safety officers of the kind, rank, and tenure described in such paragraph; and (2) A copy of— (i) Each State, local, and federal income tax return filed by or on behalf of the public safety officer from the year before the injury date to the date of determination by the PSOB determining official; and (ii) Any rulings or findings made by any public agency (or public safety agency) that relate to the claimed disability. (b) The provisions of paragraph (a)(1) of this section shall also apply with respect to every public agency (or public safety agency) that legally is authorized to pay disability benefits with respect to the agency described in that paragraph. (c) No certification described in paragraph (a)(1)(ii) of this section shall be deemed complete unless it— (1) Lists every public agency (other than BJA), and every public safety agency, that legally is authorized to pay disability benefits with respect to the certifying agency; or (2) States that no public agency (other than BJA), or public … | ||||
| 28:28:1.0.1.1.33.3.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.26 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.33.3.14.7 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.27 Motion for reconsideration of negative disability finding. | DOJ | A claimant whose claim is denied in whole or in part on the ground that he has not shown that his claimed disability is total and permanent may move for reconsideration, under § 32.28, of the specific finding as to the total and permanent character of the claimed disability (in lieu of his requesting a Hearing Officer determination with respect to the same). | |||||
| 28:28:1.0.1.1.33.3.14.8 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.28 Reconsideration of negative disability finding. | DOJ | (a) Unless, for good cause shown, the Director extends the time for filing, no negative disability finding described in § 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 § 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 § 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 § 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 § 32.27, the PSOB Office shall serve notice of the same upon the… | |||||
| 28:28:1.0.1.1.33.3.14.9 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | C | Subpart C—Disability Benefit Claims | § 32.29 Request for Hearing Officer determination. | DOJ | [73 FR 76535, Dec. 17, 2008] | (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. | ||||
| 28:28:1.0.1.1.33.4.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.31 Scope of subpart. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22386, May 15, 2018] | Consistent with § 32.1, this subpart contains provisions applicable to claims ( i.e. , threshold claims and financial claims) made under the Act, at 34 U.S.C. 10302. | ||||
| 28:28:1.0.1.1.33.4.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.32 Time for filing claim. | DOJ | [73 FR 76535, Dec. 17, 2008, as amended at 83 FR 22386, May 15, 2018] | (a) Subject to the Act, at 34 U.S.C. 10302(c), and to paragraph (b) of this section, a claim may be filed with the PSOB Office at any time after the injury date. (b) Unless, for good cause shown, the Director grants a waiver, no financial claim may be filed with the PSOB Office, with respect to a grading period that commences more than six months after the date of filing. (c) A claimant may file with his claim such supporting documentary, electronic, video, or other non-physical evidence and legal arguments as he may wish to provide. | ||||
| 28:28:1.0.1.1.33.4.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.33 Definitions. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22386, May 15, 2018] | Application means claim ( i.e. , a threshold claim or a financial claim). Assistance means financial assistance. Child of an eligible public safety officer means the child of a public safety officer, which officer is an eligible public safety officer. Educational assistance benefits means benefits specifically to assist in paying educational expenses. Educational expenses means such of the following as may be in furtherance of the educational, professional, or vocational objective of the program of education that forms the basis of a financial claim: (1) Tuition and fees, as described in 20 U.S.C. 1087 ll (1) (higher education assistance); (2) Reasonable expenses for— (i) Room and board (if incurred for attendance on at least a half-time basis); (ii) Books; (iii) Computer equipment; (iv) Supplies; (v) Transportation; and (3) For attendance on at least a three-quarter-time basis, a standard allowance for miscellaneous personal expenses that is the greater of— (i) The allowance for such expenses, as established by the eligible educational institution for purposes of financial aid; or (ii) $200.00 per month. Eligible educational expenses means a claimant's educational expenses, reduced by the amount of educational assistance benefits from non-governmental organizations that the claimant has received or will receive. Eligible public safety officer means a public safety officer— (1) With respect to whose death, benefits under subpart B of this part properly— (i) Have been paid; or (ii) Would have been paid but for operation of the Act, at 34 U.S.C. 10281(f); or (2) With respect to whose disability, benefits under subpart C of this part properly— (i) Have been paid; or (ii) Would have been paid, but for operation of— (A) Paragraph (b) of § 32.6; or (B) The Act, at 34 U.S.C. 10281(f). Financial assistance means financial assistance, as described in the Act, at 34 U.S.C. 10302. Financial claim means a request for financial assistance, with respect to attendance at a program of education… | ||||
| 28:28:1.0.1.1.33.4.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.34 PSOB Office determination. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018] | (a) In the event of the PSOB Office's denying a claim, the notice it serves upon the claimant shall— (1) Specify the factual findings and legal conclusions that support the denial; and (2) Provide information as to requesting a Hearing Officer determination. (b) No financial claim shall be approved, unless the claimant's threshold claim has been approved. (c) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his filed claim, the Director may, at his discretion, deem the same 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. | ||||
| 28:28:1.0.1.1.33.4.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.35 Disqualification. | DOJ | No claim shall be approved if the claimant is— (a) In default on any student loan obtained under 20 U.S.C. 1091 (higher education assistance), unless, for good cause shown, the Director grants a waiver; or (b) Subject to a denial of federal benefits under 21 U.S.C. 862 (drug traffickers and possessors). | |||||
| 28:28:1.0.1.1.33.4.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.36 Payment and repayment. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018] | (a) The computation described in the Act, at 34 U.S.C. 10302(a)(2), shall be based on a certification from the eligible educational institution as to the claimant's full-, three-quarter-, half-, or less-than-half-time student status, according to such institution's own academic standards and practices. (b) No payment shall be made with respect to any grading period that ended before the injury date. (c) With respect to any financial claim, no amount shall be payable that exceeds the amount of the eligible educational expenses that form the basis of the claim. (d) In the event that appropriations for a fiscal year are insufficient for full payment of all approved or anticipated financial claims, the following payments shall be made— (1) The amounts payable on approved prospective financial claims from claimants in financial need, to the extent of such need (if sufficient funds be available therefor), in the order the claims are approved; (2) All other amounts payable on approved prospective financial claims (in the order the claims are approved), if sufficient funds be available therefor— (i) After payment of all amounts payable pursuant to paragraph (d)(1) of this section; and (ii) After making allowance for anticipated amounts payable in the fiscal year pursuant to paragraph (d)(1) of this section; and (3) The amounts payable on approved retroactive financial claims (in the order the claims are approved), if sufficient funds be available therefor— (i) After payment of all amounts payable pursuant to paragraphs (d)(1) and (2) of this section; and (ii) After making allowance for anticipated amounts payable in the fiscal year, pursuant to paragraphs (d)(1) and (2) of this section. (e) In the event that, at the conclusion of a fiscal year, any amounts remain payable on an approved financial claim, such amounts shall remain payable thereafter until paid (when appropriations be sufficient therefor). (f) In the event that any amounts remain payable on an approved prospective financial claim after the end of… | ||||
| 28:28:1.0.1.1.33.4.14.7 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | D | Subpart D—Educational Assistance Benefit Claims | § 32.37 Request for Hearing Officer determination. | DOJ | 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. Consistent with § 32.8, any denial that is not the subject of such a request shall constitute the final agency determination. | |||||
| 28:28:1.0.1.1.33.5.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.41 Scope of subpart. | DOJ | [73 FR 76535, Dec. 17, 2008] | Consistent with § 32.1, this subpart contains provisions applicable to requests for Hearing Officer determination of claims denied under subpart B, C (including affirmances of negative disability findings described in § 32.27), or D of this part, and of claims remanded (or matters referred) under § 32.54(c). | ||||
| 28:28:1.0.1.1.33.5.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.42 Time for filing request for determination. | DOJ | [73 FR 76535, Dec. 17, 2008] | (a) Subject to paragraph (c) of this section, and unless, for good cause shown, the Director extends the time for filing, no claim shall be determined if the request therefor is filed with the PSOB Office later than thirty-three days after the service of notice of— (1) The denial (under subpart B, C (except as may be provided in paragraph (a)(2) of this section), or D of this part) of a claim; or (2) The affirmance (under subpart C of this part) of a negative disability finding described in § 32.27. (b) A claimant may file with his request for a Hearing Officer determination such supporting documentary, electronic, video, or other non-physical evidence and legal arguments as he may wish to provide. (c) The timely filing of a motion for reconsideration under § 32.28(a) shall be deemed to constitute a timely filing, under paragraph (a) of this section, of a request for determination with respect to any grounds described in § 32.29(a)(1)(ii) that may be applicable. | ||||
| 28:28:1.0.1.1.33.5.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.43 Appointment and assignment of Hearing Officers. | DOJ | [73 FR 76535, Dec. 17, 2008, as amended at 78 FR 29234, May 20, 2013; 83 FR 22387, May 15, 2018] | (a) Pursuant to 34 U.S.C. 10225 (employment and authority of hearing officers), Hearing Officers may be appointed from time to time by the Director, to remain on the roster of such Officers at his pleasure. (b) Upon the filing of a request for a Hearing Officer determination (or upon remand or referral), the PSOB Office shall assign the claim to a Hearing Officer on the roster; the PSOB Office may assign a particular claim to a specific Hearing Officer if it judges, in its discretion, that his experience or expertise suit him especially for it. (c) Upon its making the assignment described in paragraph (b) of this section, the PSOB Office shall serve notice of the same upon the claimant, with an indication that any evidence or legal argument he wishes to provide is to be filed simultaneously with the PSOB Office and the Hearing Officer. (d) With respect to an assignment described in paragraph (b) of this section, the Hearing Officer's consideration shall be— (1) De novo (unless the Director should expressly prescribe otherwise, with respect to a particular remand or referral), rather than in review of the findings, determinations, affirmances, reversals, assignments, authorizations, decisions, judgments, rulings, or other actions of the PSOB Office; and (2) Consistent with subpart B, C, or D of this part, as applicable. | ||||
| 28:28:1.0.1.1.33.5.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.44 Hearing Officer determination. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 78 FR 29234, May 20, 2013; 83 FR 22387, May 15, 2018] | (a) Upon his determining a claim, the Hearing Officer shall file a notice of the same simultaneously with the Director (for his review under subpart F of this part in the event of approval) and the PSOB Office, which notice shall specify the factual findings and legal conclusions that support it. (b) Upon a Hearing Officer's approving or denying a claim, the PSOB Office shall serve notice of the same simultaneously upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer). Such notice shall— (1) Specify the Hearing Officer's factual findings and legal conclusions that support it; and (2) In the event of a denial, provide information as to Director appeals. (c) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his claim pursuant to his filed request therefor, the Director may, at his discretion, deem the request 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. | ||||
| 28:28:1.0.1.1.33.5.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.45 Hearings. | DOJ | [73 FR 76536, Dec. 17, 2008, as amended at 83 FR 22387, May 15, 2018] | (a) Except with respect to a remand or referral, at the election of a claimant under subpart B or C of this part, the Hearing Officer shall hold a hearing, at a location agreeable to the claimant and the Officer (or, otherwise, at a location ruled by the Hearing Officer to be suitable), for the sole purposes of obtaining, consistent with § 32.5(c), (1) Evidence from the claimant and his fact or expert witnesses; and (2) Such other evidence as the Hearing Officer, at his discretion, may rule to be necessary or useful. (b) Unless, for good cause shown, the Director extends the time for filing, no election under paragraph (a) of this section shall be honored if it is filed with the PSOB Office later than ninety days after service of the notice described in § 32.43(c). (c) Not less than seven days prior to any hearing, the claimant shall file simultaneously with the PSOB Office and the Hearing Officer a list of all expected fact or expert witnesses and a brief summary of the evidence each witness is expected to provide. (d) At any hearing, the Hearing Officer— (1) May exclude any evidence whose probative value is substantially outweighed by considerations of undue delay, waste of time, or needless presentation of cumulative evidence (2) Shall exclude witnesses (other than the claimant, or any person whose presence is shown by the claimant to be essential to the presentation of his claim), so that they cannot hear the testimony of other witnesses; and (3) Shall (unless the Director should direct or allow otherwise) be the only individual (other than the claimant's representative, if any) who may examine the claimant. (e) Each hearing shall be recorded, and the original of the complete record or transcript thereof shall be made a part of the claim file. (f) Unless, for good cause shown, the Director grants a waiver, a claimant's failure to appear at a hearing (in person or through a representative) shall constitute a withdrawal of his election under paragraph (a) of this section. (g) Upon a claimant's failur… | ||||
| 28:28:1.0.1.1.33.5.14.6 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | E | Subpart E—Hearing Officer Determinations | § 32.46 Director appeal. | DOJ | (a) In order to exhaust his administrative remedies, a claimant seeking relief from the denial of his claim shall appeal to the Director under subpart F of this part. (b) Consistent with § 32.8, any claim denial that is not appealed to the Director under paragraph (a) of this section shall constitute the final agency determination, unless the denial is reviewed otherwise under subpart F of this part. | |||||
| 28:28:1.0.1.1.33.6.14.1 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.51 Scope of subpart. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018] | Consistent with § 32.1, this subpart contains provisions applicable to Director appeals and reviews of claim approvals and denials made under subpart E of this part, and reviews of claim approvals under the Act, at 34 U.S.C. 10286 or Public Law 107-37. | ||||
| 28:28:1.0.1.1.33.6.14.2 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.52 Time for filing Director appeal. | DOJ | [73 FR 76536, Dec. 17, 2008, as amended at 83 FR 22387, May 15, 2018] | (a) Unless, for good cause shown, the Director extends the time for filing, no Director appeal shall be considered if it is filed with the PSOB Office later than thirty-three days after the service of notice of the denial (under subpart E of this part) of a claim. (b) A claimant may file with his Director appeal such supporting documentary, electronic, video, or other non-physical evidence and legal arguments as he may wish to provide. | ||||
| 28:28:1.0.1.1.33.6.14.3 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.53 Review. | DOJ | [71 FR 46037, Aug. 10, 2006, as amended at 83 FR 22387, May 15, 2018] | (a) Upon the filing of the approval (under subpart E of this part) of a claim, the Director shall review the same. (b) The Director may review— (1) Any claim denial made under subpart E of this part; and (2) Any claim approval made under the Act, at 34 U.S.C. 10286 or Public Law 107-37. (c) Unless the Director judges that it would be unnecessary, the PSOB Office shall serve notice upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer) of the initiation of a review under paragraph (a) or (b) of this section. Unless the Director judges that it would be unnecessary, such notice shall— (1) Indicate the principal factual findings or legal conclusions at issue; and (2) Offer a reasonable opportunity for filing of evidence or legal arguments. (d) The Director may reconsider a claim under subparts B or C of this part that has been denied in a final agency determination if— (1) The public safety officer was a WTC responder; (2) The claim was based on the allegation that— (i) The WTC responder sustained an injury that was the direct and proximate cause of his death or of his permanent and total disability; and (ii) The WTC responder's injury was sustained in the course of performance of line of duty activity or a line of duty action that exposed him to airborne toxins, other hazards, or other adverse conditions resulting from the September 11, 2001, attacks; (3) The sole ground of the denial was that the claim did not establish that— (i) The WTC responder sustained an injury in the course of performance of line of duty activity or a line of duty action; or (ii) The injury allegedly sustained by the WTC responder was the direct and proximate cause of his death or permanent and total disability; (4) The alleged injury on which the claim was based is a WTC-related health condition; and (5) The claimant files with the PSOB Office a motion for such reconsideration before the earlier of two year— (i) The date on which the WTC-related physical hea… | ||||
| 28:28:1.0.1.1.33.6.14.4 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.54 Director determination. | DOJ | [73 FR 76536, Dec. 17, 2008, as amended at 83 FR 22387, May 15, 2018] | (a) Upon the Director's approving or denying a claim, the PSOB Office shall serve notice of the same simultaneously upon the claimant (and upon any other claimant who may have filed a claim with respect to the same public safety officer), and upon any Hearing Officer who made a determination with respect to the claim. Such notice shall— (1) Specify the factual findings and legal conclusions that support it; and (2) In the event of a denial, provide information as to judicial appeals. (b) Upon a claimant's failure (without reasonable justification or excuse) to pursue in timely fashion the determination of his claim pursuant to his filed Director appeal, the Director may, at his discretion, deem the same 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. (c) With respect to any claim before him, the Director, as appropriate, may (among other things)— (1) Remand the same to the PSOB Office, or to a Hearing Officer; (2) Vacate any related determination under this part; or (3) Refer any related matters to a Hearing Officer (as a special master), to recommend factual findings and dispositions in connection therewith. | ||||
| 28:28:1.0.1.1.33.6.14.5 | 28 | Judicial Administration | I | 32 | PART 32—PUBLIC SAFETY OFFICERS' DEATH, DISABILITY, AND EDUCATIONAL ASSISTANCE BENEFIT CLAIMS | F | Subpart F—Director Appeals and Reviews | § 32.55 Judicial appeal. | DOJ | [83 FR 22387, May 15, 2018] | Consistent with § 32.8, no administrative action other than an approval or denial described in § 32.54(a) shall constitute a final agency determination for purposes of the Act, at 34 U.S.C. 10287. |
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agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);