Last Update: 9/08/05 (Transmittal I-3-36)
The regulations at 20 CFR 404.969 and 416.1469 provide that the Appeals Council may decide to review an ALJ's decision or dismissal at any time within 60 days of the date of the ALJ's action. The Appeals Council's decision to review such an action is established by its notice of review.
The analyst must submit an own motion recommendation and notice to the Appeals Council within sufficient time for the Council to consider the case and release the notice within 60 days of the ALJ's decision or dismissal. The Council's support staff will send the notice to the claimant, and a copy to the representative, by certified mail.
Section 216(j) of the Act, which extends a deadline date falling on a nonwork day to the first full workday immediately following the deadline date, applies to provisions in the law and regulations which set a deadline date for taking certain actions. However, the Appeals Council does not invoke section 216(j) to extend the time period to take own motion. Accordingly, when the last day for taking own motion action falls on a Saturday, Sunday, legal holiday or on any other day all or part of which is declared to be a nonwork day for Federal employees by statute or Executive Order, the Appeals Council will not extend the deadline date for taking own motion review.