Last Update: 9/13/05 (Transmittal I-4-15)
If the court remands a case to locate or reconstruct the CF and the file cannot be located, the CCPRB analyst will ensure all efforts to locate the file have been completed. If this has occurred, the CCPRB analyst will prepare a remand order, which will explain that the AC was unable to prepare a CAR for court review when extensive efforts to locate the record were unsuccessful. The remand order will instruct the ALJ to reconstruct the record, hold a new hearing, and issue a new decision. The routing sheet used to transmit the remand order to the hearing office will contain the following remark: “Appeals Council Lost Folder Court Remand — Please Initiate Folder Reconstruction Process.” A dummy folder will be prepared when sending a remand to initiate reconstruction to the Hearing Office (HO).
If the court remands a case to locate or reconstruct the CF and, prior to the AC's remand to the HO, the file is subsequently located, further administrative action may be unnecessary. The analyst must review the file for completeness and send the hearing recording, if any, for transcription (see I-4-1-14). If the files are complete and the hearing recording is adequately transcribed, the analyst must prepare a memorandum to the Assistant United States Attorney (AUSA) advising the AUSA that the record is now complete and a CAR has been forwarded to their office for filing with the court. The support staff must release the memorandum with a copy to the appropriate OGC office. Additional distribution of copies includes the CF, the appeals file and the branch reading file. Subsequently, the support staff must have the case assigned to a court records technician for preparation of a CAR.
If the CF and/or hearing recording is located after the case has been remanded by the AC to the HO, a written statement of agreement must be obtained from the claimant's representative (or claimant, if unrepresented) prior to any AC action to vacate the remand. The written agreement will confirm that the representative has been notified that the missing claim file and/or hearing recording have been located. The written agreement will also contain a statement that the representative agrees to the vacation of the AC remand order. If the representative does not agree, a new hearing must be held. If the representative agrees to the vacating order, one will be prepared by the CCPRB analyst. The support staff will release the vacating order to the claimant and representative. Additional distribution of copies includes the CF, the appeals file, the branch reading file, and the HO.