§ 83.40. When will the Assistant Secretary begin review?
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/us/cfr/t25/s§ 83.40·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)AS-IA will begin his/her review in accordance with the following table: If the PF was: And: AS-IA will begin review upon:
(1)Negative ``` ``` The petitioner did not elect a hearing ``` ``` Expiration of the period for the petitioner to elect a hearing.
(2)Negative ``` ``` The petitioner elected a hearing ``` ``` Receipt of the ALJ's recommended decision.
(3)Positive ``` ``` No objections with evidence were received ``` ``` Expiration of the comment period for the positive PF.
(4)Positive ``` ``` Objections with evidence were received ``` ``` Expiration of the period for the petitioner to respond to comments on the positive PF. ``` ``` ``` ``` ``` ```
(b)AS-IA will notify the petitioner and those listed in § 83.22(d) of the date he/she begins consideration.