§6998 Director Review of Determinations of Hearing Officers

Summary

A person who lost at a hearing must send a written request to the Director within 30 days after getting the hearing officer’s decision if they want the Director to review it. The head of the agency can also ask the Director to review the decision, but must do so in writing within 15 business days after the agency receives the hearing officer’s decision. The Director will review the case record, the hearing record, the request, and any other accepted information. The Director must then issue a final decision that keeps, changes, or reverses the hearing officer’s decision. If the record is incomplete, the Director can send the case back for more fact-finding or order a new hearing. The Director must finish and issue a final decision or remand within 10 business days when the agency asked, or within 30 business days when the appellant asked. Decisions must follow the case record, the law, and rules in effect on the relevant date. Under Secretary rules, the Director can give equitable relief like the Secretary can, and the Secretary may also give relief after the Division’s final administrative decision. A Director’s final decision takes effect from the date of the application, the event or transaction, or the original adverse decision, whichever applies.