I-1-7-15.Jurisdiction Questions

A. Multiple Claims

Questions with respect to jurisdiction for a class claim, i.e., whether jurisdiction belongs to either DDS or OHA, may arise in the situation where the same claimant has filed multiple applications. The component named in the “Ship to” field on the alert is not necessarily the component with jurisdiction, which can be definitively determined only after folder review. Generally, however, jurisdiction rests with the DDS except under certain circumstances when claims are consolidated at OHA (see I-1-7-13).

B. Coordination by OHA

Within OHA, OCALJ or OAO, depending on the focus of the impact of the class action, will resolve jurisdiction issues that arise during the screening process or after forwarding a class case to an HO or DDS. OAO or HO personnel may consult informally with the lead component which will determine the need for a written referral. When the responsible component concludes that jurisdiction rests with the DDS rather than OHA, the OHA Class Action Coordinator will update the alert location information in CATS to reflect that the claim has been shipped to the DDS for readjudication.

In resolving jurisdiction issues, the lead OHA component will consult with the Office of Program Law (OPL) in OGC, as necessary. Within OHA, the resident HO will process a class action case for which OHA has jurisdiction, regardless of whether it arose in another state or is consolidated with a current claim.