When it becomes apparent during the course of the informal conference that agreement on all issues cannot be reached, the district director shall bring the conference to a close, shall evaluate all evidence available to him or her, and after such evaluation shall prepare a memorandum of conference setting forth all outstanding issues, such facts or allegations as appear material and his or her recommendations and rationale for resolution of such issues. Copies of this memorandum shall then be sent to each of the parties or their representatives, who shall then have 14 days within which to signify in writing to the district director whether they agree or disagree with his or her recommendations. If they agree, the district director shall proceed as in § 702.315(a). If they disagree (Caution: See § 702.134), then the district director may schedule such further conference or conferences as, in his or her opinion, may bring about agreement; if he or she is satisfied that any further conference would be unproductive, or if any party has requested a hearing, the district director shall prepare the case for transfer to the Office of the Chief Administrative Law Judge (See § 702.317, §§ 702.331-702.351).
[42 FR 42551, Aug. 23, 1977, as amended at 60 FR 51348, Oct. 2, 1995]
Notes of Decisions
Roberts v. Sea-Land Servs., Inc., 132 S. Ct. 1350 (2012).
· cites it 2× “See 20 CFR §§702.316 , 702.331–702.351. An ALJ’s decision after a hearing culminates in the entry of a compensation order.”
Maxon Marine, Inc. v. Dir., Off. of Workers' Comp. Programs, 39 F.3d 144 (7th Cir. 1994).
“There it would have had no further remedies within the Department of Labor; but in the setting of a *147 compensation proceeding it could demand a hearing before the administrative law judge, to whom the entire case would then be transferred for decision, 20 C.F.R. §§ 702.316 ,…”
Ingalls Shipbuilding, Inc. v. Asbestos Health, 17 F.3d 130 (5th Cir. 1994).
“20 C.F.R. § 702.316 (emphasis added). Further, it is clear from the LHWCA itself which mandates that the Director “upon application of any interested party shall order a hearing thereon.”
Craven v. Off. of Worker's Comp. Programs, 407 F. App'x 854 (5th Cir. 2011).
“See 20 C.F.R. § 702.316 ("[I]f any party has requested a hearing, the district director shall prepare the case for transfer to the Office of the Chief Administrative Law Judge.”
Ingalls Shipbuilding, Inc. v. Dir., Off. of Workers' Comp. Programs, 102 F.3d 1385 (5th Cir. 1996).
· cites it 3× “§ 919 (c); 20 C.F.R. 702.316. Ingalls then filed a motion for summary judgment with the OALJ asserting that, under section 933(g) of the LHWCA, Boone’s third-party settlements without its approval as his employer barred his recovery under the Act.”
Pearce v. Dir., Off. of Workers' Comp. Programs, United States Dep't of Labor, 647 F.2d 716 (7th Cir. 1981).
“See 20 C.F.R. § 702.316 , which provides in pertinent part: * * * if he or she [the deputy commissioner] is satisfied that any further conference would be unproductive, or if any party has requested a hearing, the deputy commissioner shall prepare the case for transfer to the…”
Quirk v. Mustang Eng'g, Inc., 143 F.3d 973 (5th Cir. 1998).
· cites it 2× “20 C.F.R. § 702.316 . Copies of the memorandum are sent to each of the parties who indicate whether they agree or disagree with the recommendations.”
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