I-4-1-52. Assembly of Procedural Material

Last Update: 9/13/05 (Transmittal I-4-15)

A. Pulling Non-Exhibit Material

The procedural portion of the administrative record consists of those documents which reflect the ALJ's and AC's treatment and consideration of the claimant's claim. It includes not only the final outcome, but also, the documents relating to procedural due process. The CRA must pull the following documents from the non-exhibit material if they are part of the proceedings:

The CRA must also make the certification of Social Insurance Award, if any, a part of the procedural portion if it was issued as a result of an ALJ or AC decision.

B. Correspondence Normally Included in the Procedural Record

In addition to the above documents, the CRA must also include correspondence in the procedural portion of the administrative record if it falls within the time frame of the record — i.e., between the date of the request for hearing and the AC's last action on the case — only if the ALJ or AC did not enter it as an exhibit. The CRA must read all correspondence to determine if it should be made part of the record.

Correspondence which may be part of the record includes:

C. Correspondence Not Normally Included in the Procedural Record

The CRA will not normally include the following types of correspondence as part of the procedural record:

The CRA must resolve any question of whether or not to include an item by consulting with the OS.

D. Additional Evidence Found in Non-Exhibit Material

If the file contains any additional evidence which the claimant or attorney submitted and the AC has not responded to this additional evidence, the CRA cannot prepare the administrative record until the AC takes such action. The CRA must bring such a case to the attention of the OS, who must refer it to a CCPRB analyst for action pursuant to I-4-1-25 C.

E. Assembling the Procedural Documents

The CRA must assemble and index documents in reverse chronological order. If the ALJ or AC enters a procedural document as an exhibit, the CRA lists that document on the index to the administrative record with a cross-reference to the exhibit.

The CRA must use the best copy of any material. If it is necessary to use a file box copy, the CRA must cover the file box information at the bottom of the page.