(a) Upon review of the examiner panel recommendation, the Regional Commissioner may make the decision by concurring with the panel recommendation. If the Regional Commissioner does not concur, the Regional Commissioner shall refer the case to another Commissioner and the decision shall be made on the concurring votes of two Commissioners.

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Terms Used In 28 CFR 2.24

  • Remand: When an appellate court sends a case back to a lower court for further proceedings.

(b) Upon review of the panel recommendation, the Regional Commissioner may also remand the case for a rehearing, with the notice of such action specifying the purpose of the rehearing.

[68 FR 41529, July 14, 2003, as amended by 86 FR 56646, Oct. 12, 2021]