['Employee Benefits']
['Employee Benefits']
10/15/2024
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(a) The ALJ may:
(1) Rule that he/she lacks jurisdiction over the case;
(2) Rule that the appeal has been withdrawn, with the written consent of all parties;
(3) Rule that reasonable cause exists to believe that the appeal has been abandoned; or
(4) Render such other rulings as are appropriate to the issues in question. However, the ALJ does not have jurisdiction to consider the validity or constitutionality of the ES regulations or of the Federal statutes under which they are promulgated.
(b) Based on the entire record, including any legal briefs, the record before the State agency, the investigation (if any) and determination of the Regional Administrator, and evidence provided at the hearing, the ALJ must prepare a written decision. The ALJ must send a copy of the decision stating the findings of fact and conclusions of law to the parties to the hearing, including the State agency, the Regional Administrator, the OWI Administrator, and the Solicitor, and to entities filing amicus briefs (if any).
(c) The decision of the ALJ serves as the final decision of the Secretary.
[81 FR 56358, Aug. 19, 2016]
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