I-3-5-85.Notice of Denial — ALJ Dismissed in Part

Last Update: 9/08/05 (Transmittal I-3-36)

  1. An Administrative Law Judge may find that administrative res judicata applies to some, but not all, issues in a case. In this instance, the Administrative Law Judge will issue a decision which dismisses the appropriate issues and disposes of the other issues in the usual manner.

  2. If the Appeals Council denies the request for review of a combined decision/dismissal, notice of the Appeals Council's action must make it clear which issues are subject to court review and which are not. Standardized denial notices for this situation are contained in the Appeals Text Guide.