When will the Assistant Secretary begin review?

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§ 83.40 When will the Assistant Secretary begin review?

(a) AS-IA will begin his/her review in accordance with the following table:

Expand Table
If the PF was: And: AS-IA will begin review upon:
(1) Negative The petitioner did not elect a hearing Expiration of the period for the petitioner to elect a hearing.
(2) Negative The petitioner elected a hearing Receipt of the ALJ's recommended decision.
(3) Positive No objections with evidence were received Expiration of the comment period for the positive PF.
(4) Positive Objections with evidence were received Expiration of the period for the petitioner to respond to comments on the positive PF.

(b) AS-IA will notify the petitioner and those listed in § 83.22(d) of the date he/she begins consideration.


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