Chapter: II-6-80
Subject: Appeals Council Dismissal Orders
|
Material |
No. of New Pages |
No. of Pages to be Replaced |
|---|---|---|
|
Entire Chapter 6-80 (6-80-01 thru 6-80-44) |
26 | 0 |
This transmittal contains Chapter 6-80 of the Appeals Text Guide portion of the OHA Standardized Text. Chapter 6-80 contains dismissal order shells for untimely filing, withdrawal of R/R, incorrect party, and death of claimant cases as well as situations in which the AC dismisses a request for hearing for any reason the ALJ could have dismissed.
Regulatory citations have been simplified throughout, consistently utilizing references to the Code of Federal Regulations (CFR). This was done in the denial notice chapter (6-10) and will be followed throughout the remainder or the text.
The shells in 6-80-10 through 6-80-22 are similar to those currently being used to dismiss untimely filed R/Rs. Those in 6-80-30ff. and 6-80-40ff. are modifications of samples from 5-36-20.2. Effective with implementation of this transmittal, the format of the samples in 5-36-20.2 is obsolete. However, they should not be discarded as yet since the rationale paragraphs in these samples are still appropriate. Part 5 will be revised to reflect these changes.
When notified, begin using the transmittal material and discard all material in the existing standardized text relating to dismissal orders.
Cross-refer section 5-36-20.2 to 6-80.
Date: June 28, 1984