§423.2138. Case remanded by a Federal District Court.
42 C.F.R. § 423.2138
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.
Notes, amendments, and revision history
Amendments
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, Jan. 17, 2017]
Source
Source: 74 FR 65363, Dec. 9, 2009, unless otherwise noted.
Authority
Authority: 42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, and 1395hh.
Source
Source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.
Amendments
[74 FR 65363, Dec. 9, 2009, as amended at 82 FR 5139, Jan. 17, 2017]