§ 405.1126 - Case remanded by the Council.

§ 405.1126 Case remanded by the MAC.

Cross Reference

Link to an amendment published at 82 FR 5124, Jan. 17, 2017.

Council.

(a) When the MAC Council may remand a case. Except as specified in § 405.1122(c), the MAC Council may remand a case in which additional evidence is needed or additional action by the ALJ or attorney adjudicator is required. The MAC Council will designate in its remand order whether the ALJ or attorney adjudicator will issue a decision or a recommended decision on remand.

(b) Action by ALJ on remand. The ALJ or attorney adjudicator will take any action that is ordered by the MAC Council and may take any additional action that is not inconsistent with the MACCouncil's remand order.

(c) Notice when case is returned with a recommended decision. When the ALJ or attorney adjudicator sends a case to the MAC Council with a recommended decision, a notice is mailed to the parties at their last known address. The notice tells them that the case was sent to the MACCouncil, explains the rules for filing briefs or other written statements with the MACCouncil, and includes a copy of the recommended decision.

(d) Filing briefs with the MAC Council when ALJ or attorney adjudicator issues recommended decision.

(1) Any party to the recommended decision may file with the MAC Council briefs or other written statements about the facts and law relevant to the case within 20 calendar days of the date on the recommended decision. Any party may ask the MAC Council for additional time to file briefs or statements. The MAC Council will extend this period, as appropriate, if the party shows that it has good cause for requesting the extension.

(2) All other rules for filing briefs with and obtaining evidence from the MAC Council follow the procedures explained in this subpart.

(e) Procedures before the MACCouncil.

(1) The MACCouncil, after receiving a recommended decision, will conduct proceedings and issue its decision or dismissal according to the procedures explained in this subpart.

(2) If the MAC Council determines that more evidence is required, it may again remand the case to an ALJ or attorney adjudicator for further inquiry into the issues, rehearing if applicable, receipt of evidence, and another decision or recommended decision. However, if the MAC Council decides that it can get the additional evidence more quickly, it will take appropriate action.

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65338, Dec. 9, 2009; 82 FR 5124, Jan. 17, 2017]