I-3-10-7.Reopening When Fraud or Similar Fault Is Involved
Last Update: 5/13/14 (Transmittal I-3-65)
The same general guidance regarding reopening applies in cases involving fraud or similar fault. When evaluating whether an administrative law judge has jurisdiction to reopen, see Hearings, Appeals and Litigation Law (HALLEX) manual I-2-9. For Appeals Council (AC) jurisdiction, see HALLEX I-3-9.
The Office of the Inspector General (OIG) may not refer a case to the AC for consideration of whether a condition for reopening a prior final decision exists. See HALLEX I-3-10-3 A.2. However, OIG may provide investigative results to the Office of Operations, and it may refer the matter to the AC.