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.