Code of Federal Regulations (alpha)

CFR /  Title 42  /  Part 405  /  Sec. 405.1048 The effect of an ALJ's decision.

The decision of the ALJ is binding on all parties to the hearing unless--

(a) A party to the hearing requests a review of the decision by the MAC within the stated time period or the MAC reviews the decision issued by an ALJ under the procedures set forth in Sec. 405.1110, and the MAC issues a final decision or remand order or the appeal is escalated to Federal district court under the provisions at Sec. 405.1132 and the Federal district court issues a decision.

(b) The decision is reopened and revised by an ALJ or the MAC under the procedures explained in Sec. 405.980;

(c) The expedited access to judicial review process at Sec. 405.990 is used;

(d) The ALJ's decision is a recommended decision directed to the MAC and the MAC issues a decision; or

(e) In a case remanded by a Federal district court, the MAC assumes jurisdiction under the procedures in Sec. 405.1138 and the MAC issues a decision. [70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65336, Dec. 9, 2009]