An AAJ may observe a novel or unusual situation in which policy or procedural advice is needed to fully evaluate the issue, or the issue may have been brought to the AAJ's attention by an appeals officer or analyst. For analyst instructions, see Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01320.035.

AAJs will generally refer matters when:

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  The issue involves a broader impact on the Appeals Council (i.e., the issue appears to be new but will arise in other situations); or

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  The AAJ is unable to resolve the issue.

In either situation, an AAJ will discuss the issue with his or her Division Chief Administrative Appeals Judge (DCAAJ). If the DCAAJ agrees further discussion is necessary, the DCAAJ will raise the issue in discussions with other DCAAJs and when appropriate, submit a recommendation to their Executive Director(s). The appropriate course of action decided by management will depend on the particular issue and circumstance.

An AAJ may discover, or have brought to his or her attention, an issue of non-compliance with policy or procedure at the hearing level. In some cases, the issue may be resolved in a grant review action. In other instances, feedback to Hearings may be appropriate.

For all other issues of possible non-compliance with policy or procedure at the hearing level, the AAJ will discuss the issue with his or her DCAAJ. If the DCAAJ agrees a referral is appropriate, the DCAAJ will forward a completed Policy/Procedure Non-Compliance Referral to |||DA DICompliance Hearings Quality with the subject line “Appeals Council Feedback Referral” for further review or action.