§ 404.1785 - Evidence permitted on review.

§ 404.1785 Evidence permitted on review.

Cross Reference

Link to an amendment published at 83 FR 30856, July 2, 2018.

(a) General. Generally, the Appeals Council will not consider evidence in addition to that introduced at the hearing. However, if the Appeals Council believes that finds the evidence offered is material to an issue it is considering, the evidence will be consideredit may consider that evidence, as described in paragraph (b) of this section.

(b) Individual charged filed an answer.

(1) When the Appeals Council believes finds that additional evidence material evidence to the charges is available, and the representative has individual charged filed an answer to the charges, the Appeals Council shall require that the evidence be obtained. The Appeals Council may name an administrative law judge or a member of the Appeals Council to receive the will allow the party with the information to submit the additional evidence.

(2) Before the Appeals Council admits additional evidence is admitted into the record, the Appeals Council shall it will mail a notice to the parties, telling informing them that evidence about certain issues will be obtained, unless the notice is waivedwas submitted. The Appeals Council shall will give each party a reasonable opportunity to comment on the evidence and to present other evidence that is material to an issue it is considering.

(3) The Appeals Council will determine whether the additional evidence warrants a new review by a hearing officer or whether the Appeals Council will consider the additional evidence as part of its review of the case.

(c) Individual charged did not file an answer. If the representative did not file an answer to the charges, the Appeals Council will not permit the introduction of representative may not introduce evidence that was not considered at the hearing.

[83 FR 30856, July 2, 2018]