CFR > Title 32 - National Defense > SUBTITLE A—Department of Defense > CHAPTER VII—DEPARTMENT OF THE AIR FORCE (parts 800 to 989) > SUBCHAPTER D—CLAIMS AND LITIGATION (parts 842 to 845) > PART 842—ADMINISTRATIVE CLAIMS > SUBPART G—Foreign Claims (10 U.S.C. 2734) (§842.55 to §842.68) > 842.67—Reconsideration of final denials.

842.67—Reconsideration of final denials.

This paragraph provides the procedures used to reconsider a final denial.
(a) An FCC may reopen, reverse, or reconsider, in whole or in part, any claim it previously decided if the request for reconsideration is received in a reasonable time. Sixty days is considered a reasonable time, but the FCC may waive the time limit for good cause.
(b) An FCC reconsiders the final action on a claim when there is:
(1) New and material evidence concerning the claim.
(2) Obvious error in facts or calculation of the original settlement.
(3) Fraud or collusion in the original submission of the claim.
(c) The FCC must state the reason for reconsideration in its opinion. A court decision is not in itself sufficient basis for reconsidering a claim, but the facts that resulted in the judgment may warrant reconsideration. The amount of a court judgment is not binding on a FCC's determination of damage, but the commission may consider the judgment as evidence of the local law on the subject.