[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 518-519]

 

                      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 519]]



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]