[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR260.8]

[Page 499-500]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 260_REQUESTS FOR RECONSIDERATION AND APPEALS WITHIN THE BOARD
--Table of Contents
 
Sec. 260.8  Pre-hearing case review.

    (a) General. The hearings officer assigned to a case may, prior to 
an oral hearing, upon his or her own motion, refer the case back to the 
office of the Board which issued the initial decision for the purpose of 
reconsideration of that decision, where the hearings officer finds that:
    (1) Additional evidence pertinent to the resolution of the issues on 
appeal was submitted by the appellant at the time the appeal was filed, 
or subsequent thereto; or
    (2) Additional evidence pertinent to the resolution of the issues on 
appeal is available and should be procured; or
    (3) There is some other indication in the record that the initial 
decision may be revised in a manner favorable to the appellant.
    (b) Referral of case for further review by initial adjudicating 
unit. Where the hearings officer finds that referral of a case back to 
the office which issued the initial decision for the purpose of 
reconsideration of that decision would be warranted, the hearings 
officer shall

[[Page 500]]

give that office the reason for such referral, together with specific 
directions as to the handling of the case on reconsideration.
    (c) Reconsideration of case by initial adjudicating unit. The office 
to which a case is referred shall promptly undertake any additional 
development required, and shall make a determination as to whether the 
initial determination may be revised in whole or in part in a manner 
favorable to the appellant. Upon issuance of its determination, the 
office in question shall return the case along with a copy of its 
decision to the hearings officer.
    (d) Revision of initial decision in whole or in part. Where the 
office to which a case is referred determines to revise its initial 
decision in whole or in part, that office shall notify the appellant of 
such determination. If the revised determination is wholly favorable to 
the appellant, he or she shall be notified that the appeal to the Bureau 
of Hearings and Appeals will be dismissed by the hearings officer 
assigned to the case. If the revised decision is partially favorable to 
the appellant, the notice shall inform the appellant that the hearings 
officer will proceed with the portion of the appellant's case not 
revised in his or her favor, unless the appellant should request 
dismissal of the appeal.
    (e) Timely conduct of oral hearing. The fact that a case on appeal 
has been referred back to the office which issued the initial decision 
in the case shall not delay the conduct of a hearing scheduled with 
respect to the appeal, unless the appellant agrees to a delay. If it 
appears that the office to which a case has been referred will not have 
completed its reconsideration of the case prior to the date of a 
scheduled hearing on an appeal and the appellant has not agreed to a 
delay in the conduct of the hearing, the hearings officer shall proceed 
with the hearing and the handling of the case as though the case had not 
been referred back to the office.

[47 FR 36809, Aug. 24, 1982, as amended at 67 FR 77155, Dec. 17, 2002]