Unless the decision is pending in or was decided by a Federal
court, the AC has primary jurisdiction to consider reopening and
revising any ALJ decision if the AC has jurisdiction over a subsequent
application (whether on request for review, on own motion, or other
appropriate jurisdiction).
The AC also has authority to reopen and revise any final determination
or decision in which an ALJ has primary jurisdiction, but will generally
do so only if the particular circumstances allow the AC to act more
expeditiously than an ALJ. See HALLEX HA 01290.005 for an ALJ's authority
to reopen and revise an otherwise final determination or decision.
The regulations at 20 CFR 404.988 and 416.1488 address
reopening final determinations or decisions. For information about
vacating an ALJ dismissal, see 20 CFR 404.960 and 416.1460.
See also HALLEX HA 01350.072 if
the ALJ dismissed the request for hearing and additional evidence,
legal argument, or contentions were submitted to the AC.