20 CFR 725.450 - Right to a hearing

Cite as20 CFR 725.450
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63 practice notes
  • Regulations Implementing the Byrd Amendments to the Black Lung Benefits Act: Determining Coal Miners' and Survivors' Entitlement to Benefits
    • United States
    • Federal Register March 30, 2012
    • March 30, 2012
    ...It would also have had the right to a formal hearing before an administrative law judge and appellate review of the judge's decision. 20 CFR 725.450; 725.481-725.482 (2011). Similar procedures would have been available to the operator under the regulatory scheme in effect prior to 2001. See......
  • Decker Coal Co. v. Pehringer, 20-71449
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 16, 2021
    ...ALJs to satisfy the Constitution. First, the ALJ here was performing a purely adjudicatory function in deciding the BLBA claim. See 20 C.F.R. §§ 725.450-479; Free Enter. Fund, 561 U.S. at 507 n.10. Unlike PCAOB members, who exercise policymaking and enforcement functions, an ALJ cannot sua ......
  • National Min. Ass'n v. Department of Labor, No. 01-5278.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 14, 2002
    ...Either party may appeal the District Director's determination and request a hearing before an Administrative Law Judge ("ALJ"). 20 C.F.R. §§ 725.450-725.480. The ALJ's decision may be appealed to the Department of Labor's Benefits Review Board, id. § 725.481, and then to the Court of Appeal......
  • Arch Coal, Inc. v. Hugler, Civil Action No. 16–669 (JDB)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 16, 2017
    ...proposed decision, or may request a hearing before an Administrative Law Judge. See id. § 725.419; 33 U.S.C. § 919(c), (d) ; see also 20 C.F.R. §§ 725.450 –83 (detailing hearing procedures before the ALJ). If the parties request a hearing, the ALJ makes a de novo determination of the Respon......
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62 cases
  • Decker Coal Co. v. Pehringer, 20-71449
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 16, 2021
    ...ALJs to satisfy the Constitution. First, the ALJ here was performing a purely adjudicatory function in deciding the BLBA claim. See 20 C.F.R. §§ 725.450-479; Free Enter. Fund, 561 U.S. at 507 n.10. Unlike PCAOB members, who exercise policymaking and enforcement functions, an ALJ cannot sua ......
  • National Min. Ass'n v. Department of Labor, No. 01-5278.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 14, 2002
    ...Either party may appeal the District Director's determination and request a hearing before an Administrative Law Judge ("ALJ"). 20 C.F.R. §§ 725.450-725.480. The ALJ's decision may be appealed to the Department of Labor's Benefits Review Board, id. § 725.481, and then to the Court of Appeal......
  • Arch Coal, Inc. v. Hugler, Civil Action No. 16–669 (JDB)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 16, 2017
    ...proposed decision, or may request a hearing before an Administrative Law Judge. See id. § 725.419; 33 U.S.C. § 919(c), (d) ; see also 20 C.F.R. §§ 725.450 –83 (detailing hearing procedures before the ALJ). If the parties request a hearing, the ALJ makes a de novo determination of the Respon......
  • National Min. Ass'n v. Chao, No. CIV. 00-3086(EGS).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • August 9, 2001
    ...Either party may appeal the decision of the District Director and request a hearing before an Administrative Law Judge ("ALJ"). 20 C.F.R. §§ 725.450-725.480. The ALJ's decision may be appealed by either party to the DOL's Benefits Review Board, 20 C.F.R. § 725.481, and ultimately to the Uni......
  • Request a trial to view additional results

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