§ 405.315. Time and place for a hearing before an administrative law judge.

(a) General. The administrative law judge sets the time and place for the hearing. The administrative law judge will notify you of the time and place of the hearing at least 75 days before the date of the hearing, unless you agree to a shorter notice period. If it is necessary, the administrative law judge may change the time and place of the hearing. If the administrative law judge changes the time and place of the hearing, he or she will send you reasonable notice of the change.

(b) Where we hold hearings. We hold hearings in the 50 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.

(c) Determining how appearances will be made. In setting the time and place of the hearing, we will consider the following:

(1) The administrative law judge will determine whether your appearance will be made in person or by video teleconferencing. The administrative law judge will determine that your appearance be conducted by video teleconferencing if video teleconferencing equipment is available to conduct the appearance, use of video teleconferencing to conduct the appearance would be more efficient than conducting the appearance in person, and the administrative law judge determines that there is no circumstance in the particular case that prevents the use of video teleconferencing to conduct the appearance. If you object to appearing personally by video teleconferencing, we will re-schedule the hearing to a time and place at which you may appear in person before the administrative law judge. You may request to appear at the hearing by telephone. The administrative law judge will allow you to appear by telephone if the administrative law judge determines that extraordinary circumstances prevent you from appearing at the hearing in person or by video teleconferencing.

(2) The administrative law judge will determine whether any person other than you, including a medical expert or a vocational expert, will appear at the hearing in person, by video teleconferencing, or by telephone. If you object to any other person appearing by video teleconferencing or telephone, the administrative law judge will decide, either in writing or at the hearing, whether to have that person appear in person, by video teleconferencing, or by telephone. The administrative law judge will direct a person, other than you if you object to your appearing by video teleconferencing as provided in paragraph (c)(1) of this section, to appear by video teleconferencing or telephone when the administrative law judge determines:

(i) Video teleconferencing or telephone equipment is available,

(ii) Use of video teleconferencing or telephone equipment would be more efficient than conducting an examination of a witness in person, and

(iii) The administrative law judge determines that there is no other reason why video teleconferencing or telephone should not be used.

[71 FR 16446, Mar. 31, 2006, as amended at 78 FR 29627, May 21, 2013]