§ 10.824. How does the recommended decision become final?
417 words·~2 min read·
/us/cfr/t20/s§ 10.824·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Within 30 days from the date the recommended decision is issued, each party may state, in writing, whether the party objects to the recommended decision. This written statement should be filed with the Director of OWCP.
(b)For purposes of determining whether the written statement referred to in paragraph
(a)of this section has been timely filed with the Director, the statement will be considered to be “filed” on the date that the provider mails it to the Director, as determined by postmark or the date that such written statement is actually received by the Director, whichever is earlier.
(c)Written statements objecting to the recommended decision may be filed upon one or more of the following grounds:
(1)A finding or conclusion of material fact is not supported by substantial evidence;
(2)A necessary legal conclusion is erroneous;
(3)The decision is contrary to law or to the duly promulgated rules or decisions of the Director;
(4)A substantial question of law, policy, or discretion is involved; or
(5)A prejudicial error of procedure was committed.
(d)Each issue shall be separately numbered and plainly and concisely stated, and shall be supported by detailed citations to the record when assignments of error are based on the record, and by statutes, regulations or principal authorities relied upon. Except for good cause shown, no assignment of error by any party shall rely on any question of fact or law upon which the administrative law judge had not been afforded an opportunity to pass.
(e)If a written statement of objection is filed within the allotted period of time, the Director will review the objection. The Director will forward the written objection to the DOL OIG, which will have 14 calendar days from that date to respond. Any response from DOL OIG will be forwarded to the provider, which will have 14 calendar days from that date to reply.
(f)The Director of OWCP will consider the recommended decision, the written record and any response or reply received and will then issue a written, final decision either upholding or reversing the exclusion.
(g)If no written statement of objection is filed within the allotted period of time, the Director of OWCP will issue a written, final decision accepting the recommendation of the administrative law judge.
(h)The decision of the Director of OWCP shall be final with respect to the provider's participation in the program, and shall not be subject to further review by any court or agency.