I-3-9-31.Reopening and Revising Prior Decision Before Forwarding Current Decision for Effectuation

Last Update: 9/08/05 (Transmittal I-3-36)

An analyst may review a favorable hearing decision in accordance with procedures for review of unappealed cases before sending it to the appropriate component for effectuation. If the analyst believes that the regulations warrant reopening and revising a prior hearing decision but such action had not been taken, he or she must take one of the following actions:

A. ALJ Has Jurisdiction to Reopen Prior Hearing Decision

In order to expedite the case, the analyst will recommend that the Council issue a decision for the purpose of reopening and revising the prior decision. However, if the ALJ had jurisdiction to reopen and revise the prior decision but did not consider doing so and there is a question as to whether good cause exists that requires further development and/or proceedings, the analyst must prepare a memorandum to refer the case to the ALJ for further consideration.

B. Appeals Council Has Sole Jurisdiction to Reopen the Prior Decision

If the Appeals Council has sole jurisdiction to reopen the prior decision, the analyst will recommend that the Council issue a decision for the purpose of reopening and revising the prior decision.

C. Request for Review Filed

If reopening and revision of a prior hearing decision is warranted and a request for review is filed, the analyst will recommend that the AC issue a decision which reopens and revises the prior decision. The analyst will also recommend that the request for review be denied unless there is some basis under the regulations for granting it.