Disputes over the necessity for a Nonavailability Statement or a refusal to problem a Nonavailability Statement are not appealable underneath this section. The one exception is when a dispute arises over whether the facts of the case demonstrate a medical emergency for which a Nonavailability Statement isn’t required. To avoid potential conflicts of interest, an officer or worker of the United States, corresponding to an worker or member of a Uniformed Service, including an worker or workers member of a Uniformed Service authorized workplace, or a CHAMPUS advisor, topic to the exceptions in 18 U.S.C. 205, isn’t eligible to serve as a consultant. An exception often is made for an employee or member of a Uniformed Service who represents an instantaneous family member. In addition, the Director, OCHAMPUS, or designee, could appoint an officer or worker of the United States because the CHAMPUS consultant at a hearing.
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