The final administrative decision under this part shall be:
(a) The decision of the examiner under § 98.8(b) , if there is no appeal under § 98.10 ;(b) The decision by the examiner under § 98.9 , if a hearing is waived or is deemed to have been waived and there is no appeal under § 98.10 ; or(c) The decision of the Secretary on an appeal under § 98.10 .