Last Update: 1/12/2016 (Transmittal I-4-49)

HA 01490.025 Contempt Threats and Motions

Renumbered from HALLEX section I-4-9-25

All agency personnel must be sensitive to actual and threatened contempt motions. Non-compliance with a court order can result in a contempt citation and a fine, jail term or both. Given these potentially serious ramifications, the term “threatened” contempt motion is to be liberally construed.

All Court Case Preparation and Review Branch (CCPRB) staff must immediately refer any correspondence or phone calls regarding actual or threatened contempt motions to an analyst. The analyst will secure the proper identifying information (claimant's name and Social Security number), status of the case (court jurisdiction and civil action number, Appeals Council action on the request for review, etc.) and the basis for the contempt motion. The analyst will prepare a memorandum for the CCPRB branch chief detailing the nature of the (threatened) contempt case.

The CCPRB branch chief will forward the memorandum to the Office of the General Counsel. The CCPRB branch chief will promptly advise the analyst of any additional action that must be taken on the case.

In the event the case is pending before an administrative law judge, the CCPRB branch chief will contact the hearing office (HO) and notify the Hearing Office Chief Administrative Law Judge (HOCALJ) or the Hearing Office Director. The CCPRB branch chief will also document the notification to the HO, with a request that the CCPRB chief be advised of the status of case until the case is released by the HO.