Remand Proceedings

Section 5300 Section 5300.1040  Remand Proceedings Whenever the Commission or a three-member panel shall determine to remand any case, the Commission shall issue and serve upon all parties a written order to such effect.  The order shall provide that the cause is remanded to an Administrative Law Judge, and shall specify the nature and scope of the proceedings to be had.  The person conducting such proceedings shall set a date for hearing, if necessary, of not less than thirty nor more than ninety days after service of the remand order, with due notice to all parties. The remand proceeding shall be conducted in accordance with the provisions of Subparts E and G of this Part.  After conclusion of the proceedings, the Administrative Law Judge shall file with the Commission written findings and recommendations based thereon, and shall serve copies at the same time on all parties.  Such findings and recommendations shall be subject to review by the Commission or a three-member panel as provided in Subpart I of this Part.