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26. Citations

  1. Citing prior decisions. 
    Parties should use the following formats to cite prior decisions that may be relevant to a particular issue:
    1. Federal or state court decisions. 
      Citation to court decisions should include the parties’ names (using appropriate abbreviations), reporter, a specific page citation, and, in parenthesis, the deciding court and the year of the decision.  For example:  Morgan v. Sebelius, 694 F.3d 535, 539 (4th Cir. 2012).
    2. Departmental Appeals Board. 
      Citation to a decision by an appellate panel of the Departmental Appeals Board (DAB) should include only the non-federal party’s name (using appropriate abbreviations), the decision number, a specific page citation, and, in parentheses, the year of the decision.  For example:  Honey Grove Nursing Ctr., DAB No. 2570, at 3 (2014).
    3. Citation to a ruling by an appellate panel of the DAB should include only the non-federal party’s name (using appropriate abbreviations), the ruling number, a specific page citation, and, in parentheses, the year of the decision.  For example:  Mark B. Kabins, M.D., DAB Ruling No. 2012-1, at 2 (2011).
    4.  Prior ALJ Decisions. 
      Citation to a prior decision by an ALJ within DAB should include the same information as stated in subparagraph (ii).  The ALJ decision number must include “CR” with the decision number immediately following.  Parties should be clear which type of case they cite.  For example, “Honey Grove Nursing Ctr., DAB No. 2570, at 3 (2014)” cites a prior decision of an appellate panel of DAB, while “Honey Grove Nursing Ctr., DAB CR3039 (2013)” cites a prior decision of an ALJ within DAB.  (Emphasis added).
    5. Prior ALJ Rulings
      Citation to a prior ruling by an ALJ within DAB should include the same information as stated in subparagraph (ii).  The ruling number must include “ALJ” with the ruling number immediately following. For example:  Better Living/Better Health, LLC., ALJ Ruling No. 2014-36, at 2 (HHS CRD July 11, 2014).
  2.  Citing to subscription services. 
    Parties are discouraged from only citing to a subscription service or reporter, e.g., Westlaw or LexisNexis, especially if the opposing party is not represented by an attorney.  Parties also should cite to a published reporter or other database that is easily accessed to the public online without a subscription or charge. 
  3. Citing these procedures.  These procedures may be cited by the abbreviation CRDP and the appropriate section number, e.g., CRDP § 26.
Content created by Departmental Appeals Board (DAB)
Content last reviewed on December 16, 2014