When reviewing a file, analysts may observe possible non-compliance
with policy or procedure at the hearing level. In some cases, the
issue may be resolved with a grant review action. However, in other
instances, feedback to the hearing operation may be appropriate.
For example, feedback may be appropriate if a hearing decision is
supported by substantial evidence, but the administrative law judge
(ALJ) includes a lengthy discussion about whether it was correct
for the agency to acquiesce to a particular Federal court decision.
Analysts must be careful not to confuse
referrals made under this provision with referrals made to the Division
of Quality Service. If an allegation of unfairness, prejudice, partiality,
bias, misconduct, or discrimination is made against an ALJ, or the
AAJ finds the ALJ's conduct egregious, a referral should not be
made under this provision. Rather, the procedures in HALLEX HA 01320.025 apply.
When the analyst observes non-compliance with policy or procedure
that he or she believes warrants feedback to the hearing operation,
the analyst will discuss the matter with an AAJ. If the AAJ feels
a referral is appropriate, the instructions in HALLEX HA 01330.020 B apply.