TN 1 (05-05)
DI 80550.140 Transferring a Case between Hearing Offices
CPMS provides a simple case transfer process and generates workload control items for both permanent and temporary case transfers.
If you transfer a case, permanently or temporarily, after creating an Exhibit List, and the receiving office needs the Exhibit List, you must send the Exhibit List file. The receiving office creates an Exhibit List if the sending office has not yet created one.
NOTE: There is no connection between CPMS and DGS for creating the Exhibit List.
Do not temporarily or permanently transfer pending cases to OAO (Office of Appellate Operations) or to any other non-CPMS office. The transferring of cases to non-CPMS offices results in the cases being both inactive and unavailable to all ODAR HOs.
A. Permanent Transfers
The Permanent Transfer Out screen shows the permanent transfer of a case to another hearing office. Use this function after determining that the case must be permanently transferred to another hearing office’s jurisdiction.
You cannot permanently transfer a single case to multiple offices. For example, a concurrent case cannot be split between two different hearing offices.
1. Owning (Transferring) Office
When permanently transferring a case to another hearing office, the owning office receives the workload control item Case Transfer to Another Hearing Office.
You cannot permanently transfer a case if the case:
Is already in permanent or temporary transfer status;
Is in closed status;
Has open development actions;
Has open congressional actions;
Has non-transferable workload control items (i.e. actions with due dates); or
Has an open schedule event, unless [Scheduled hearing date] and [Notice sent date] have been entered, and the case is being sent to the assigned ALJ’s primary office.
If you try to transfer a case, and any of the above-listed conditions exist, you will receive an edit (i.e. error message) indicating the problem transfer condition(s). The edit lists all conditions that prevent the permanent transfer of the case. For actions that you need to take before transferring the case, select the [To Do List] link at the top of the summary screen.
The receiving office must be an ODAR office with a valid office code in DOORS. Be careful when entering the three digit DOORS code. Entering the incorrect HO code can result in significant delays in retrieving the case, ultimately delaying the processing of the file.
2. Receiving Office
CPMS displays the Receive Permanent Transfer screen when a hearing office records the receipt of a case that is permanently transferred in from another hearing office. CPMS notifies the receiving office to expect receipt of the case, generating the workload control item Transfer Case in route to This Office.
The following business rules apply when receiving a permanent case transfer:
A hearing office can receipt only one permanently transferred case at a time; a batch function is not available;
The case arrives in permanent transfer (TRAN) status;
Only the transferring or receiving office can receipt in a permanently transferred case;
When the receiving office receipts in the case, the system updates the jurisdiction of any representative history and associated fee information;
If the transferring office scheduled the case before the transfer, and the assigned ALJ does not belong to the receiving office, the receiving office reschedules the case as necessary;
If the transferring office scheduled the case before the transfer, and the receiving office is the assigned ALJ's primary office, no new assignment is necessary;
If the owning office did not assign the case to an ALJ, the receiving office must assign the case; and
The receiving office must change the case status, unless the system generates the SCHD status upon transfer of a schedule event.
NOTE: For the receiving office, CPMS provides a workload listing of cases in permanent transfer status.
B. Temporary Transfers
The Temporary Case Transfer screen shows the temporary movement of a case between hearing offices. During a temporary transfer, the case has two concurrent statuses: the owning office status and the receiving office status. The “current status” reflects the receiving office status. Temporary jurisdiction cannot be split, i.e. a single case cannot be distributed to multiple offices at the same time. The owning office maintains permanent jurisdiction of a case in temporary transfer status.
1. Owning (transferring) office
If the owning office determines that workup, drafting, typing, or drafting and typing, needs to be done outside the owning office, the owning office will transfer the case on a temporary basis. The owning office:
Must set its case status to DANT, DOUT, TOUT, or WOUT.
Can reclaim the case if the temporary office status is UNFN or FINI.
Can change the status of the temporary office to unfinished (UNFN) or finished (FINI) and reclaim the case from the temporary office at any time.
May transfer the case to another temporary office after reclaiming the case.
Even when a case is in temporary transfer status, the owning office can:
Perform case update actions;
Update fee/representative information;
Update congressional interest information;
Perform key corrections;
Add/edit/update development; and
Reclaim the case.
When transferring cases (for workload assistance) to the RO, use the established “RO Staff” DOORS code for the appropriate RO. CPMS MI only counts completed work by the “RO Staff” not the RO/ORCALJ.
a. Workload Control Items
The owning office sees the following workload control items when a temporary transfer out action is taken:
Temp Out – Temp Office Needs to Receipt Case – indicates that a case is temporarily transferred out to a specific office;
Temp Office Currently Working on Case – indicates that the temporary office receipted the case in and has begun working on it;
Temp Office is Returning Case – lets the owning office know that the case is on its way back. The temporary office status is UNFN or FINI.
b. Reclaiming a Temporary Transfer
CPMS allows the hearing office to reclaim work from a temporary office after the temporary office has receipted the case, but before the temporary office indicates that the temporary work is either finished (FINI) or unfinished (UNFN). Select the link Reclaim Temporary Transfer, then change the temporary status to either FINI and UNFN (the only choices available). After reclaiming a case, change the owning office status from DANT, DOUT, TOUT, or WOUT.
2. Receiving (Temporary) Office
After the owning office transfers a case out, the receiving office sees the workload control item Temp In – Work is Being Sent, To Be Receipted. This shows that a case is being sent to the temporary office for action.
After receipt, the temporary office can:
Record the temporary transfer in;
Update certain status codes; and
Establish workload control items notifying the owning office that changes to the case are needed.
No other actions in CPMS are available to the temporary office.
The following rules apply to the Temporary Office:
The temporary office cannot add or edit development actions.
To return ownership to the permanent office, the temporary office must change the status code to finished (FINI) or unfinished (UNFN).
After changing the status to finished (FINI) or unfinished (UNFN), the temporary office cannot edit the case.
The temporary office has the option of not performing the requested work. Set the temporary status to unfinished (UNFN) and allow the owning office to reclaim the temporary transfer.
Once the temporary office changes the temporary status to finished (FINI), CPMS creates a workload control item, notifying the owning office that the temporary transfer work is complete.
A temporary office cannot transfer jurisdiction to another temporary office. The temporary office must change the status to finished (FINI) or (UNFN) to return ownership of the case to the owning office.