42 CFR 423.2138 - Case remanded by a Federal District Court.

§ 423.2138 Case remanded by a Federal District Court.

When a Federal District Court remands a case to the Secretary for further consideration, unless the court order specifies otherwise, the Council, acting on behalf of the Secretary, may make a decision, or it may remand the case to an ALJ or attorney adjudicator with instructions to take action and either issue a decision, take other action, or return the case to the Council with a recommended decision. If the Council remands a case, the procedures specified in § 423.2140 will be followed.

[ 74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, Jan. 17, 2017]