; or (B) the covered employee files a civil action as provided in section 408 with respect to the claim. . (c) Prohibiting hearing officer conducting preliminary review from conducting hearing Section 405(c) ( 2 U.S.C. 1405(c) ) is amended by adding at the end the following new paragraph: (3) Prohibiting hearing officer conducting preliminary review from conducting hearing The Executive Director may not appoint a hearing officer to conduct a hearing under this section with respect to a claim if the hearing officer conducted the preliminary review with respect to the claim under section 403. . (d) Deadline for commencement of hearing; permitting additional time Section 405(d) ( 2 U.S.C. 1405(d) ) is amended by striking paragraph (2) and inserting the following: (2) commenced no later than 90 days after the Executive Director receives the covered employee’s request for the hearing under subsection (a), except that, upon mutual agreement of the parties or for good cause, the Office shall extend the time for commencing a hearing for not more than an additional 30 days