[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR498.222]

[Page 1207-1208]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 498_CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS
--Table of Contents
 
Sec. 498.222  Final decision of the Commissioner.

    (a) Except with respect to any penalty or assessment remanded to the 
ALJ, the DAB's recommended decision, including a recommended decision to 
decline review of the initial decision, shall become the final decision 
of the Commissioner 60 days after the date on which the DAB serves the 
parties to the appeal and the Commissioner with a copy of the 
recommended decision, unless the Commissioner reverses or modifies the 
DAB's recommended decision within that 60-day period. If the 
Commissioner reverses or modifies the DAB's recommended decision, the 
Commissioner's decision is final and binding on the parties. In either 
event, a copy of the final decision will be served on the parties. If 
service is by mail, the date of service will be deemed to be five days 
from the date of mailing.
    (b) There shall be no right to personally appear before or submit 
additional

[[Page 1208]]

evidence, pleadings or briefs to the Commissioner.
    (c)(1) Any petition for judicial review must be filed within 60 days 
after the parties are served with a copy of the final decision. If 
service is by mail, the date of service will be deemed to be five days 
from the date of mailing.
    (2) In compliance with 28 U.S.C. 2112(a), a copy of any petition for 
judicial review filed in any U.S. Court of Appeals challenging a final 
action of the Commissioner will be sent by certified mail, return 
receipt requested, to the SSA General Counsel. The petition copy will be 
time-stamped by the clerk of the court when the original is filed with 
the court.
    (3) If the SSA General Counsel receives two or more petitions within 
10 days after the final decision is issued, the General Counsel will 
notify the U.S. Judicial Panel on Multidistrict Litigation of any 
petitions that were received within the 10-day period.

[61 FR 65472, Dec. 13, 1996]