Effect of appeal on decisions

The administrative law judge's decision is stayed while the appeal to the Secretary is pending, which means the ALJ decision is put on hold until the Secretary makes a decision. See 1955.45 for the exact rule.

Yes — the regulation requires that the administrative law judge's decision "shall be stayed pending a decision on appeal to the Secretary," which indicates the stay applies once the appeal process to the Secretary is underway. See 1955.45.

Yes — the stay places the ALJ decision on hold and prevents its legal effect from moving forward while the Secretary considers the appeal. The rule states the decision "shall be stayed pending a decision on appeal to the Secretary." See 1955.45.

If no exceptions are filed, the administrative law judge's decision will be published in the Federal Register as a final decision and will be served on the parties. The regulation states: "If there are no exceptions filed to the decisions of the administrative law judge, the administrative law judge's decision shall be published in the FEDERAL REGISTER as a final decision and served upon the parties." See 1955.45.

The regulation requires the ALJ's decision to be published in the Federal Register as a final decision when no exceptions are filed, but it does not specify in the text which agency office performs the publication. The rule simply provides that the decision "shall be published in the FEDERAL REGISTER as a final decision and served upon the parties." See 1955.45.

It means the parties to the case will be given the final decision once it is published as required, but the regulation does not prescribe the exact method of service. The text states the decision "shall be published in the FEDERAL REGISTER as a final decision and served upon the parties." For the formal requirement, see 1955.45.

Yes — if exceptions are filed, the ALJ's decision will not automatically be published as a final decision; the regulation only directs publication as final when "there are no exceptions filed." See 1955.45.

The stay lasts until the Secretary issues a decision on the appeal; the regulation states the decision "shall be stayed pending a decision on appeal to the Secretary," but it does not set a specific time limit for when the Secretary must decide. See 1955.45.

The ALJ decision remains stayed while the Secretary considers the appeal or exceptions; the regulation makes clear the decision "shall be stayed pending a decision on appeal to the Secretary." See 1955.45.

No — 1955.45 refers to "exceptions" but does not define the term or detail the filing procedure within that section. For the rule language, see 1955.45. You should consult the broader rules in part 1955 or related procedure sections for filing mechanics if needed (see 1955).

The regulation requires that an ALJ decision with no exceptions filed "shall be published in the FEDERAL REGISTER as a final decision," which indicates it is the final administrative decision in that proceeding; the section itself, however, states the publication requirement but does not elaborate on subsequent legal effects beyond calling it a final decision. See 1955.45.

Yes — the regulation explicitly requires that when no exceptions are filed the ALJ's decision "shall be published in the FEDERAL REGISTER as a final decision and served upon the parties," so service upon the parties is a required step regardless of prior distribution. See 1955.45.

The regulation places the ALJ decision on stay while an appeal to the Secretary is pending, so the decision does not take effect during that stay; the text says the decision "shall be stayed pending a decision on appeal to the Secretary." Parties considering voluntary compliance steps should recognize the decision is on hold under 1955.45 and may wish to seek legal advice about actions during an appeal.