81.38—Consideration of an application for review.
(a)
The ALJ assigned to the case under § 81.4 considers an application for review of a disallowance decision.
(b)
The ALJ decides whether the notice of a disallowance decision meets the requirements of § 81.34, as provided by section 451(e) of GEPA.
(i)
Returns the notice, as expeditiously as possible, to the authorized Departmental official who made the disallowance decision;
(c)
If the notice of a disallowance decision meets the requirements of § 81.34, the ALJ decides whether the application for review meets the requirements of § 81.37.
(1)
If the application, including any supplements or amendments under § 81.37(d), does not meet those requirements, the disallowance decision becomes the final decision of the Department.
(i)
Informs the recipient and the authorized Departmental official that the OALJ has accepted jurisdiction of the case; and
(3)
The ALJ informs the recipient of the disposition of its application for review by certified mail, return receipt requested. If the ALJ decides that the application does not meet the requirements of § 81.37, the ALJ informs the recipient of the reasons for the decision.