Chapter: I-4-5
Subject: Request for Voluntary Remand
This transmittal amends sections I-4-5-5, I-4-5-10, I-4-5-20, and I-4-5-35 of the Hearings, Appeals and Litigation Law (HALLEX) manual and archives sections I-4-5-15, I-4-5-25, and I-4-5-30 of the HALLEX manual to update our policies and instructions concerning how the Office of Appellate Operations' (OAO) Division of Civil Actions (DCA) handles district court litigation.
I-4-5-5 – We updated the review procedures used by DCA analysts. We added a cross-reference to section I-4-5-10 which outlines the process that DCA analysts follow when sending the request for voluntary remand response memorandum to the Office of General Counsel (OGC). We removed an outdated reference to HALLEX I-3-0-6.
I-4-5-10 – We revised the section to consolidate the procedures for when the AC either agrees to accept voluntary remand or disagrees with the request for voluntary remand. By consolidating this section with HALLEX I-4-5-15, we can archive the latter section. We added subsection C which outlines the process DCA analysts follow when sending the request for voluntary remand response memorandum to OGC and instructions for closing the case in the Appeals Review Processing System (ARPS).
I-4-5-15 – We archived this section and moved the information to HALLEX I-4-5-10.
I-4-5-20 – In accordance with DCA business processes, we revised the instructions for when OGC disagrees with the Appeals Council's denial of a request for voluntary remand.
I-4-5-25 – We archived this section in its entirety, as the information is available in HALLEX I-4-5-10.
I-4-5-30 – We archived this section in its entirety. The information in subsection A was combined with the information in HALLEX I-4-5-5. The information in subsection B is outdated, and the information in subsection C is outdated since ARPS will automatically establish a diary in the system if we agreed to accept voluntary remand when the case is closed.
I-4-5-35 – We revised the section by reversing the order of subsections A and B to clarify staff responsibilities. We removed an outdated reference to HALLEX I-3-0-6. We also updated the CCPRB email addresses and hyperlinks.
Date: June 26, 2023