Based on the evidence entered into the record, the hearing officer determines whether
the agency proved its charges by a preponderance of the evidence. The hearing officer
issues a decision in writing, setting forth specific findings of fact and conclusions
of law. The hearing officer mails a copy of the decision to all the parties at their
last known addresses. The notice accompanying the decision informs the parties of
the right to ask the Appeals Council (AC) to review the hearing officer’s decision.
If the hearing officer determines that the agency proved the charges, the hearing
officer will either:
-
•
suspend the individual for a specified period of not less than 1 year or more than
5 years from the date of the decision, or
-
•
disqualify the individual from further practice before the agency until the individual
may be reinstated. For the procedure on reinstatement, see GN 03970.050C.
Disqualification is the only sanction available if the hearing officer sustained the
charges because the representative has:
-
•
been disbarred or suspended from any court or bar to which the representative was
previously admitted to practice;
-
•
been disqualified from participating in any Federal program or appearing before any
Federal agency; or
-
•
collected or received and retained a fee for representational services in excess of
the amount that we authorized.
The sanction becomes effective as of the date of the hearing officer’s decision if
the representative does not appeal the suspension or disqualification decision to
the AC and the time for requesting AC review expires. If the representative has appealed
the suspension or disqualification decision to the AC, we continue to recognize the
representative’s appointment(s) until the AC issues a final decision.
Components will know when the sanction decision is effective because:
-
1.
The sanction information will be entered in the Registration, Appointment and Services
for Representatives (RASR) system; and
-
2.
OGC notifies the following components of the sanction:
-
•
the Office of the Chief Administrative Law Judge;
-
•
the Office of Appellate Operations;
-
•
the Office of Central Operations;
-
•
the OHO Regional Attorney for the region(s) in which the representative has been known
to practice;
-
•
the Regional Commissioner(s) for the region(s) in which the representative has been
known to practice; and
-
•
the office that made the referral to OGC.
OGC’s notice will contain the following information:
-
•
that we sanctioned the representative;
-
•
the sanction imposed and the effective date;
-
•
that our employees should refer to the Intranet website entitled “What to do with a Sanctioned Representative” if the sanctioned representative is appearing before them; and
-
•
the name of an attorney in OGC to contact with questions about the sanction.
If the sanctioned representative is an attorney, OGC may also send a copy of the decision
to the state bar disciplinary authority for each State or Territory in which OGC knows
the representative is licensed to practice law. The agency's Representative Disqualification,
Suspension and Non-Recognition Information File system of records (60-0219) allows us to disclose: “[t]o a State bar disciplinary authority in the State(s)
in which a disqualified/suspended attorney is admitted to practice that SSA has disqualified/suspended
the attorney from further practice before SSA and, upon request, further information
concerning the disqualification/suspension.”