I-4-4-40.Processing Protest Cases After Court Remand
Last Update: 9/13/05 (Transmittal I-4-15)
Refer to the existing procedures on processing these cases (see I-3-1-40.) These cases also are sent to the Office of the Director of Operations, OAO before referral to a CCPRB, where they will be processed as outlined below.
A. CCPRB Control Staff Actions
CCPRB staff will control receipts, update LOTS and OHA CCS, obtain any available appeals files from the appropriate CCPRB, immediately assign these cases to an OAO DPB or the RSI/SSI, and, after AC review, will promptly return files approved for effectuation to ODIO, PSC or FO.
B. Analyst Actions
The analyst is responsible for reviewing the case for technical accuracy and legal sufficiency, following the procedures in B.1 or B.2 below.
1. No Defects in Decision
The analyst will sign and date the HA-505 (transmittal sheet).
Routes the case through the branch control staff to ODIO, the appropriate PSC or FO to promptly effectuate the decision.
2. Defects Noted in Decision
The analyst will determine whether the case is still within 60 days of the date of the ALJ's decision.
a.If it is not, the analyst should process the case in accordance with the procedures in I-4-4-20 C.1., above, because the AC cannot assume jurisdiction.
b.If the case is within 60 days from the date of the ALJ's decision, the analyst will:
Audit the hearing recording.
Prepare a case analysis/recommendation form (see I-4-4-102).
Prepare the notice to advise the claimant that the AC is assuming jurisdiction on its own motion (see DGS Text, CREV 50 at II-6-9-10). The regulations (see 20 CFR § 404.984(c) and § 416.1484(c)) require notice of proposed action when the AC assumes jurisdiction on its own motion either to issue a decision or to remand. This gives the claimant an opportunity to file briefs or other written statements about the facts and law relevant to the case.
Route the case, the case analysis and the notice as indicated in I-4-4-104 for cases in which prior notice of AC action is required. If the AC declines to assume jurisdiction, the case is routed following the procedures in I-4-4-20 C.1.
Diary the case for 45 days.
At the end of the 45 days or, if earlier, after receiving arguments or comments, prepare the AC action document; i.e., a remand order or a decision.
Follow the instructions in I-4-4-104 to route the document and any necessary supplemental analysis.