§ 727.402 - Claims pending in the Office of Administrative Law Judges.

(a) A claim which is pending in the Office of Administrative Law Judges may be subject to review by a district director under this part. This section sets forth criteria to be applied by the Chief Administrative Law Judge or an administrative law judge for determining whether a claim should be remanded to the district director for review under § 727.108 or whether jurisdiction over the claim should be retained and sets forth a procedure to be followed if remand is required.

(b) A claim pending in the Office of Administrative Law Judges, which has been administratively denied by the district director and with respect to which no decision has been issued, may be remanded to the district director for consideration under § 727.108, upon the request of the Director or the claimant, or by the administrative law judge on his or her own motion.

(c) A claim pending in the Office of Administrative Law Judges, which has been administratively approved by the district director and was forwarded for hearing at the request of a coal mine operator, shall be remanded to the district director for payment if the miner on whose total disability or death the claim is predicated was last engaged in coal mine employment before January 1, 1970. If the miner's last coal mine employment occurred on or after January 1, 1970, the Office of Administrative Law Judges shall retain jurisdiction over the claim and proceed to adjudicate the claimant's eligibility and the liability of the named coal mine employer in accordance with the provisions of this part. If jurisdiction over a claim is retained under this paragraph, the administrative law judge may, on his or her own motion or at the request of the claimant, remand the claim to the district director for consideration under § 727.108 if further evidentiary development of the claim is necessary. The right to review provided by § 727.108 is not available to a coal mine employer.

(d) A claim which has been denied by an administrative law judge and with respect to which no reconsideration or appeal is pending shall be automatically reviewed under § 727.108.

(e) In the case of a claim with respect to which a decision has been issued by an administrative law judge but not filed with the district director, or if the decision has been filed and the time for appeal to the Benefits Review Board has not expired, the provisions of this paragraph shall apply. If appropriate, such decision shall be immediately filed with the district director. If the decision denied the claimant's entitlement to benefits, the claim shall be considered a pending claim subject to review by the district director under § 727.108, or subject to an appeal to the Benefits Review Board. If the decision awards benefits to the claimant, the claim shall be paid as provided in part 725 of this subchapter and an appeal to the Benefits Review Board may be taken. If such an appeal is taken, the Board shall consider the appeal under the applicable provisions of this part, and may take such other action as is appropriate.

(f) Except as provided in paragraph (b) of this section, the remand of a claim authorized by this section shall be made by order of the Chief Administrative Law Judge or an administrative law judge on his or her own motion, or on the motion of any party to the claim as is appropriate.