§726.317. Discretionary review.
20 C.F.R. § 726.317
Following receipt of a timely petition for review, the Administrative Review Board (Board) shall determine whether the decision warrants review, and shall send a notice of such determination to the parties and the Chief Administrative Law Judge. If the Board declines to review the decision, the Administrative Law Judge's decision shall be considered the final decision of the agency. The Board's determination to review a decision by an Administrative Law Judge under this subpart is solely within the discretion of the Board.
The Board's notice shall specify:
The issue or issues to be reviewed; and
The schedule for submitting arguments, in the form of briefs or such other pleadings as the Board deems appropriate.
Upon receipt of the Board notice, the Director shall forward the record to the Board.
Notes, amendments, and revision history
Amendments
[86 FR 1779, Jan. 11, 2021]
Authority
Authority: 5 U.S.C. 301; 30 U.S.C. 901 et seq., 902(f), 925, 932, 933, 934, 936; 33 U.S.C. 901 et seq.; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990 (as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015)); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834.
Source
Source: 65 FR 80097, Dec. 20, 2000, unless otherwise noted.
Amendments
[86 FR 1779, Jan. 11, 2021]