§ 404.956 - Removal of a hearing request(s) to the Appeals Council.

§ 404.956 Removal of a hearing request from an administrative law judge (s) to the Appeals Council.

Cross Reference

Link to an amendment published at 85 FR 73157, Nov. 16, 2020.

If you have requested a hearing and the request is pending before an administrative law judge, the

(a) Removal. The Appeals Council may assume responsibility for

holding

a hearing

by requesting that the administrative law judge send the hearing request to it. If the Appeals Council holds a hearing, it shall conduct the hearing according to the rules for hearings before an administrative law judge. Notice shall be mailed

request(s) pending at the hearing level of the administrative review process.

(b) Notice. We will mail a notice to all parties at their last known address telling them that the Appeals Council has assumed responsibility for the case

. [45 FR 52081, Aug. 5, 1980, as amended at 51 FR 303, Jan. 3, 1986

(s).

(c) Procedures applied. If the Appeals Council assumes responsibility for a hearing request(s), it shall conduct all proceedings in accordance with the rules set forth in §§ 404.929 through 404.961, as applicable.

(d) Appeals Council review. If the Appeals Council assumes responsibility for your hearing request under this section and you or any other party is dissatisfied with the hearing decision or with the dismissal of a hearing request, you may request that the Appeals Council review that action following the procedures in §§ 404.967 through 404.982. The Appeals Council may also decide on its own motion to review the action that was taken in your case under § 404.969. The administrative appeals judge who conducted a hearing, issued a hearing decision in your case, or dismissed your hearing request will not participate in any action associated with your request for Appeals Council review of that case.

(e) Ancillary provisions. For the purposes of the procedures authorized by this section, the regulations of part 404 shall apply to authorize a member of the Appeals Council to exercise the functions performed by an administrative law judge under subpart J of part 404.

[85 FR 73157, Nov. 16, 2020]