Last Update: 9/08/05 (Transmittal I-3-36)
Analysts as well as AAJs are encouraged to identify Appeals Council decisions for consideration as potential rulings. The decision must be well reasoned and well written, and have value as a precedent or explain the application of existing policy in a thoughtful, informative way.
If an Appeals Council decision is to be submitted as a potential ruling, after expiration of the appeals period the analyst must forward copies of the ALJ and Appeals Council decisions through the branch chief, Director of Operations, and Deputy Chair of the Appeals Council, to the Office of Policy, Planning and Evaluation via a route slip with a memorandum explaining briefly why the decision should be considered as a ruling.
An AAJ may send the case to the analyst to take the actions described in the paragraph above or may refer the decision directly to the Deputy Chair.