I-4-2-42.Appeals Council Concludes that Continued Defense Is Warranted

Last Update: 9/13/05 (Transmittal I-4-15)

If the AC concludes that continued defense of a pending court case is warranted, despite the defensibility concerns raised by OGC and any additional defects noted by the analyst, the analyst must prepare a memorandum containing the AC's rationale for (1) concluding that good cause for remand does not exist and (2) continuing the defense of the case. The memorandum should be sent out over the branch chief's name, which must appear on the "From" line and below the text of the memorandum. This should be followed with a "By" line with the analyst's name, job title, and telephone number. The analyst must hand carry the memorandum to the branch chief, who must review the sufficiency of the rationale. If the branch chief approves the memorandum, the analyst will hand carry the case to the AC for final approval. If approved, the analyst must immediately release the memo to the appropriate OGC office in accordance with section I-4-2-52.

If the branch chief disagrees with the analyst's conclusion to continue to defend the case, the case must be discussed with the AAJ and, if necessary, with the Executive Director of the AC. If the AC ultimately determines that the case will be defended, the branch chief must advise OGC by telephone of the conclusions reached, and the branch chief must advise the analyst of the information to include in the confirming memorandum. The analyst must prepare a confirming memorandum which is responsive to all the issues raised in the memorandum from OGC.