OAO staff coordinating the protest workload will immediately
assign protest cases to an analyst. The analyst will review the protest
memorandum, the evidence of record, and the decision, and audit any
relevant hearing recording(s). The analyst will then recommend appropriate
AC action. The analyst may recommend the AC take own motion review
within the regulatory 60-day time period to issue a decision or remand
a case (see HALLEX HA
01360.001), reopen or revise the decision (see HALLEX HA 01390.001B,
HA 01390.020,
and HA 01390.070),
or decline the protest.
The analyst will complete a case analysis and prepare all the
relevant documents.
When the AC initiates own motion review
based on a protest and plans to issue a less than fully favorable decision
or to dismiss the request for hearing, the AC must proffer the protest
memorandum to the claimant and representative, if any (see HALLEX HA 01360.020 and HA 01370.001). However,
the AC does not need to proffer the protest memorandum when it issues
a fully favorable decision. Moreover, when the AC initiates own-motion
review, the AC may proffer the protest memorandum with its final action
when it remands a case for further proceedings or issues a decision
that is favorable in part and remands the remaining issues for further
proceedings.
OAO staff or analysts will ensure that the claim(s) file
contains all relevant documentation including the protest memorandum,
any correspondence, any notices, and any action document (e.g., any
separate notice of review, declination of protest memorandum, remand
order, and decision).
.
The analyst will also enter any “To Do Item(s)” and
“Remark(s)” in the applicable case processing system(s)
and annotate eView or ENM regarding any documents that need to be
proffered.