Section 423.2054 - Effect of dismissal of a request for a hearing or request for review of an IRE's dismissal(a) The dismissal of a request for a hearing is binding, unless it is vacated by the Council under § 423.2108(b) , or vacated by the ALJ or attorney adjudicator under § 423.2052(e) .(b) The dismissal of a request for review of an IRE dismissal of a request for reconsideration is binding and not subject to further review unless vacated by the ALJ or attorney adjudicator under § 423.2052(e) . 82 FR 5136 , Jan. 17, 2017