---identifier: "/us/cfr/t20/s726.317"source: "ecfr"legal_status: "authoritative_unofficial"title: "20 CFR § 726.317 - Discretionary review."title_number: 20title_name: "Employees' Benefits"section_number: "726.317"section_name: "Discretionary review."chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"subchapter_number: "B"subchapter_name: "FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED"part_number: "726"part_name: "BLACK LUNG BENEFITS; REQUIREMENTS FOR COAL MINE OPERATOR'S INSURANCE"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "5 U.S.C. 301; 30 U.S.C. 901 902(f), 925, 932, 933, 934, 936; 33 U.S.C. 901 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990 (as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015)); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834."regulatory_source: "65 FR 80097, Dec. 20, 2000, unless otherwise noted."cfr_part: "726"---
Identifier
/us/cfr/t20/s726.317
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Office of Workers' Compensation Programs, Department of Labor
Authority
5 U.S.C. 301; 30 U.S.C. 901 902(f), 925, 932, 933, 934, 936; 33 U.S.C. 901 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990 (as amended by the Federal Civil Penalties In... 5 U.S.C. 301; 30 U.S.C. 901 902(f), 925, 932, 933, 934, 936; 33 U.S.C. 901 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990 (as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015)); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; Secretary's Order 10-2009, 74 FR 58834.
# 726.317 Discretionary review.(a) Following receipt of a timely petition for review, the Administrative Review Board (Board) shall determine whether the decision warrants review, and shall send a notice of such determination to the parties and the Chief Administrative Law Judge. If the Board declines to review the decision, the Administrative Law Judge's decision shall be considered the final decision of the agency. The Board's determination to review a decision by an Administrative Law Judge under this subpart is solely within the discretion of the Board.(b) The Board's notice shall specify:(1) The issue or issues to be reviewed; and(2) The schedule for submitting arguments, in the form of briefs or such other pleadings as the Board deems appropriate.(c) Upon receipt of the Board notice, the Director shall forward the record to the Board.[86 FR 1779, Jan. 11, 2021]