I-3-6-5.Own Motion Review on Appeals Council's Initiative
Last Update: 4/1/16 (Transmittal I-3-135)
A. Analyst Actions
Upon assignment of a case for consideration of own motion review on the Appeals Council's (AC) own initiative, an Office of Appellate Operations analyst will review the evidence of record and the decision or dismissal, audit the hearing recording (as needed), and recommend whether the AC should take own motion review. The circumstances in which the AC will take own motion review are set forth in Hearings, Appeals and Litigation Law (HALLEX) manual I-3-6-1.
If the AC is considering taking own motion review at the request of an effectuating component, see the instructions in HALLEX I-3-6-10.
The analyst will complete a case analysis in the Appeals Review Processing System (ARPS) and, if applicable, prepare the own motion notice described in HALLEX I-3-6-20.
Because the AC must take own motion review within 60 days after a hearing level decision (see HALLEX I-3-6-1), the analyst must ensure the case is processed and routed to an adjudicator in a timely manner.
B. AC Actions
Only administrative appeals judges (AAJ) have the authority to initiate own motion review. However, when designated to do so, an appeals officer (AO) may assist in reviewing cases in which the analyst has not recommended that the AC take own motion review. If, on review, the AO finds own motion review may be appropriate, he or she will refer the case to an AAJ for further action.
When own motion review is recommended, the AAJ designated as the A member adjudicator will review the analyst's recommendation and any associated document(s). The A member may return the case to the analyst for further analysis or revision. If the A member proposes a different action, the A member will get the concurrence of the B member before returning the case to the analyst. If the A member agrees with the recommendation and accompanying documentation, he or she will forward the case to the B member for consideration. If both adjudicators agree with the action, staff will release the own motion notice and establish a 35-day diary for receipt of a response.
When an analyst does not recommend own motion review and the AC agrees with the recommendation, the case is forwarded to the effectuating component for processing. If the case involved a partially or fully favorable hearing decision, closing the ARPS record will automatically forward the case for effectuation of the hearing decision.