§405.1138. Case remanded by a Federal district court.
42 C.F.R. § 405.1138
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 § 405.1140 will be followed.
Notes, amendments, and revision history
Amendments
[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5124, Jan. 17, 2017]
Source
Source: 70 FR 11472, Mar. 8, 2005, unless otherwise noted.
Authority
Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).
Amendments
[70 FR 11472, Mar. 8, 2005, as amended at 82 FR 5124, Jan. 17, 2017]