[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4003.35]

[Page 741]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4003_RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS
--Table of Contents
 
           Subpart C_Reconsideration of Initial Determinations
 
Sec. 4003.35  Final decision on request for reconsideration.

    (a) Except as provided in paragraphs (a)(1) or (a)(2), final 
decisions on requests for reconsideration will be issued by the same 
department of the PBGC that issued the initial determination, by an 
official whose level of authority in that department is higher than that 
of the person who issued the initial determination.
    (1) When an initial determination is issued by a Department 
Director, the Department Director (or an official designated by the 
Department Director) will issue the final decision on request for 
reconsideration of a determination other than one described in Sec. 
4003.1(b)(3)(ii).
    (2) The Executive Director (or an official designated by the 
Executive Director) will issue the final decision on a request for 
reconsideration of a determination described in Sec. 4003.1(b)(3)(ii).
    (b) The final decision on a request for reconsideration shall be in 
writing, specify the relief granted, if any, state the reason(s) for the 
decision, and state that the person has exhausted his or her 
administrative remedies.