Current through October 31, 2024
Section 842.57 - Reconsideration of final denialsThis 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