OLGT 2024-35: Cross Programs: Appeal Remands

When an appeal decision has been issued by the Division of Hearings (DOH) and staff believe the decision is not in line with Department policy, there is a process by which further consideration can be given to the appeal. This process includes a subsequent hearing that is held before the Director of the Division of Hearings. This process is called a remand.

After a hearing decision is issued, a staff member may bring concerns to their TAO Director or Assistant Director to consider requesting a remand. Only the TAO Director or Assistant Director may submit a request for a remand directly to the Commissioner. The Commissioner makes the final decision whether to remand any case for further consideration upon the recommendation of the General Counsel, or to reassess for good cause. A client may also request a remand.

If you wish to request a remand, you must work with your TAO Director or Assistant Director to submit a petition to the Commissioner within 14 calendar days following the issuance of the appeal decision