The parties’ briefs, exhibits, and, if applicable, the transcript of the hearing testimony, serve as the basis for the decision or other disposition of the case. The ALJ issues a decision, based on the record that contains findings of fact and conclusions of law. Depending on the relevant regulation, the ALJ may affirm, increase, or reduce the penalties imposed by the Secretary.
As authorized by law, an ALJ may remand a case to the agency that issued the determination for further consideration or to issue a new determination. Upon remand, a party’s hearing request may be dismissed without prejudice, meaning the party may maintain its right to request a hearing following the consideration on remand.
Under certain circumstances described in the applicable regulations, an ALJ must dismiss a hearing request or may exercise his or her discretion to dismiss a hearing request. A party may withdraw its hearing request or request a dismissal of its hearing request, at which point the ALJ may dismiss a hearing request without further notice to the parties. If a party has not consented to the dismissal of its hearing request, an ALJ will warn a party that its hearing request is subject to dismissal prior to dismissing it and provide an opportunity to explain why the hearing request should not be dismissed. Unless re-opened upon request, dismissals are presumed to be the final resolution of a party’s request for a hearing before an ALJ.
Request for review of decision or dismissal.
Request for review by the Departmental Appeals Board, Appellate Division, is based upon the applicable regulations. A transmittal letter notifying the parties of an ALJ’s decision or dismissal, or the decision, ruling, or dismissal itself will notify the parties of the applicable regulations and procedures for requesting review by the Board.
Content created by Departmental Appeals Board (DAB) Content last reviewed on December 16, 2014
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