§ 405.342. Prehearing proceedings and decisions by attorney advisors.

After a hearing is requested but before it is held, an attorney advisor may conduct prehearing proceedings as set out in § 404.942(c) or § 416.1442(c) of this chapter. If, after the completion of these proceedings, we can make a decision that is fully favorable to you and all other parties based on the preponderance of the evidence, an attorney advisor, instead of an administrative law judge, may issue the decision. We use the procedures § 404.942 or § 416.1442 of this chapter when we conduct prehearing proceedings or issue decisions under this section.

[76 FR 24809, May 3, 2011]