[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2005] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR4003.5] [Page 755-756] TITLE 29--LABOR CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION PART 4003_RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS--Table of Contents Subpart A_General Provisions Sec. 4003.5 Non-timely request for review. The PBGC will process a request for review of an initial determination that was not filed within the prescribed period of time for requesting review (see Sec. Sec. 4003.32 and 4003.52) if-- (a) The person requesting review demonstrates in his or her request that he or she did not file a timely request for review because he or she neither knew nor, with due diligence, could have known of the initial determination; and [[Page 756]] (b) The request for review is filed within 30 days after the date the aggrieved person, exercising due diligence at all relevant times, first learned of the initial determination where the requested review is reconsideration, or within 45 days after the date the aggrieved person, exercising due diligence at all relevant times, first learned of the initial determination where the request for review is an appeal.