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The Appellate DivisionThe Appellate Division of the DAB provides staff support for the Board Members, who are career civil servants appointed by the Secretary to provide an impartial, independent review of disputes arising in a wide range of HHS programs. The Board's jurisdiction arises from the Board's "charter" at 45 C.F.R. Part 16, program regulations (which in a few instances implement statutory authority), and delegations by the Secretary or heads of HHS operating components. The Board provides de novo review (which may include an evidentiary hearing) of certain types of final decisions of HHS operating components, such as--
The Board also provides appellate review of certain types of Administrative Law Judge (ALJ) decisions, which may be appealed by either party. These include most types of decisions of ALJs assigned to the DAB (described on the DAB Webpage under "Civil Remedies Division"), decisions of Food and Drug Administration ALJs regarding civil money penalties, and decisions of Department of the Interior ALJs in Indian Health Service declination cases under the Indian Self-Determination Act. In most cases, the Board decision is the final administrative decision of HHS.
Board Jurisdiction Last Revised: December 28, 2007 |