Subject: Appeals Council Jurisdiction
This transmittal amends section I-3-3-5 of the Hearings, Appeals and Litigation Law (HALLEX) manual to provide the Appeals Council instructions on referring possible policy or procedure issues.
HALLEX I-3-3-5 – We retitled the section, “Administrative Appeals Judge (AAJ) Referrals for Possible Policy or Procedure Issues.”
HALLEX I-3-3-5 A – We incorporated the information previously in the section and added a new subsection A titled, “Referrals for Novel or Unusual Situations.” We provided instructions on when and how an adjudicator may refer a policy or procedure question.
HALLEX I-3-3-5 B – We added a new subsection B titled, “Referrals for Non-Compliance With Policy or Procedures.” In the subsection, we distinguish between the procedures for providing feedback and the procedures for reporting egregious or possible criminal behavior. We provide instructions for submitting a possible feedback referral to the Executive Director of the Office of Appellate Operations.
Date: January 31, 2014