I-4-4-101.Exhibit - Summary of Notice Requirements - AC Assumes Jurisdiction

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

Summary of Notice Requirements
AC Assumes Jurisdiction

Based on Exceptions

Own Motion

   
  1. Unfavorable ALJ Decision.

    1. When AC proposes to issue a decision, prior notice required unless decision is fully favorable.

    2. When AC proposes to remand, a prior notice not required.

  2. Favorable or Partially Favorable ALJ Decision.

    1. When the AC proposes to issue a less than fully favorable decision, prior notice is always required.

    2. When the AC proposes to remand to consider issue(s) with respect to any favorable aspect of the decision not raised in the claimant's exception(s), prior notice is always required.

    3. When the AC proposes to remand to consider issue(s) raised in the claimant's exception(s), prior notice is not required.

    4. When the AC proposes to remand a partially favorable decision to consider only the unfavorable aspect(s) of the decision, prior notice is not required.

Notice always required before AC can remand or issue a decision unless decision is fully favorable.

Note: The AC will have the discretion to send a prior notice if the circumstances in a particular case warrant.