C.F.R. » Title 20 » CHAPTER I—OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR › SUBCHAPTER C—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 › PART 30—CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED › Subpart D—Adjudicatory Process

20 C.F.R. § 30.317

Can the FAB request a further response from the claimant or return a claim to the district office?

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At any time before the issuance of its final decision, the FAB may request that the claimant submit additional evidence or argument, or return the claim to the district office for further development and/or issuance of a newly recommended decision without issuing a final decision, whether or not requested to do so by the claimant.

Notes of Decisions
Cited in 2 cases, 2009–2012 · leading case: Barrie v. United States Dep't of Labor, 597 F. Supp. 2d 1235 (D. Colo. 2009).
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Barrie v. United States Dep't of Labor, 597 F. Supp. 2d 1235 (D. Colo. 2009). “20 C.F.R. §§ 30.317 and 30.319. III. STANDARD OF REVIEW The EEOICPA limits the scope of judicial review, allowing courts to set aside a final agency decision only if it is found to be arbitrary and capricious.”
Smith v. United States Dep't of Labor, 928 F. Supp. 2d 1236 (D. Nev. 2012). “20 C.F.R. §§ 30.317 , 30.319. B. Facts On April 27, 2005, Smith filed a claim as the surviving spouse of Floyd Smith, alleging that her husband’s metastatic lung cancer and prostate cancer resulted from his work at the Nevada Test Site, a Department of Energy facility.”
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