Subject: Representative Fees
This transmittal amends Hearings, Appeals and Litigation Law (HALLEX) manual chapter I-1-2 to provide new information about communicating with Processing Centers (PC) in particular situations related to representative fees. This transmittal adds new section I-1-2-96 to list specific situations where Office of Hearings Operations (OHO) or Office of Analytics, Review, and Oversight (OARO) offices will email certain documents to a PC's control mailbox. In addition to this new section, we make conforming changes in several sections throughout the chapter as explained in more detail below.
I-1-2-3 – In subsection B, we updated procedures involving multiple representatives to make them consistent with Program Operations Manual System GN 03940.003.D.1. In subsection C.3.b., we clarified that OHO or OARO staff will submit representative fee agreements and fee petitions by email to the jurisdictional PC for action once a court resolves a bankruptcy case. In subsections A, B, and C, we also made minor editorial changes.
I-1-2-10 – In subsections C and D, we updated procedures for submitting representative direct fee payment waivers and information about incorrect direct fee payments to PCs. In subsections A through D, we also made minor editorial changes.
I-1-2-43 – In subsection F.2., we updated procedures for submitting administrative review determinations to PCs in accordance with HALLEX I-1-2-96. In the introduction and subsections A through F, we also made minor editorial changes.
I-1-2-49 – We retitled the section from “ALJ or AAJ Incorrectly Approved Fee Agreement” to “Incorrectly Approved Fee Agreement” to simplify it and refer to all types of decision makers. In subsections A and B, we removed references to “Deputy Chair of the AC” and replaced them with “Chair of the AC” to reflect OAO's current business process. In subsection B, we referenced HALLEX I-1-2-96 to clarify how decision makers will submit corrected fee agreement determinations for effectuation. We also made minor editorial changes in subsections A and B.
I-1-2-55 – We retitled the subsection A from “Effectuating Component's Actions After ALJ or AAJ Decision Issued” to “Representative Is Eligible to Receive Direct Fee Payment – Effectuating Component, OHO, and OAO Actions Up to Receipt of Petition” to more accurately reflect the substance of the section. In subsection B, we changed references to “award notice” and replaced them with “notice of award” as appropriate. In the NOTE, we clarified that if the hearing office does not provide a timely response, the PC or FO will refer the matter to the Regional Chief Administrative Law Judge (RCALJ), and if the RCALJ's office does not respond timely, the PC or FO will contact the Office of the Chief Administrative Law Judge. We also updated subsection B to reference HALLEX I-1-2-96 regarding proper routing of OHO and OAO's final actions on fee petitions. In subsections A and B, we made minor editorial changes.
I-1-2-62 – We updated instructions in subsection A to include a reference to HALLEX I-1-2-96 for proper notification of PCs when a representative who is due direct payment files a request for administrative review of OHO and OAO's fee petition determination. In subsection B, we removed references to “Deputy Chair of the AC” and replaced them with “Chair of the AC” to reflect OAO's current business process. We also made minor editorial changes in subsections A and B.
I-1-2-96 – This new section added new contact information for each PC control email box. Operations asked OHO and OARO to forward representative fee related information via email rather than by facsimile machine as we did previously. This information supersedes and replaces the contact information previously located in HALLEX I-1-1-114.
I-1-2-114 – We removed this section in its entirety, because the information is superseded by HALLEX I-1-2-96.
Date: May 8, 2020