I-2-10-3.Receipt of the Investigative Report While Request for Hearing Is Pending
Last Update: 5/13/14 (Transmittal I-2-108)
If an administrative law judge (ALJ) receives information from the Office of the Inspector General or a Cooperative Disability Investigations Unit after a request for hearing has been filed, and the ALJ proposes to enter the evidence into the record as an exhibit, the ALJ must give the claimant and appointed representative, if any, an opportunity to review the evidence before the hearing. For additional reference, see Hearings, Appeals and Litigation Law manual I-2-5-28 D and I-2-1-35.
If an ALJ receives a request from a U.S. Attorney or law enforcement official to delay the hearing because of a possible criminal violation, the ALJ will continue routine processing of the case and refer the request to the Regional Chief Administrative Law Judge (RCALJ) for advice. The RCALJ will consult with the Office of the Chief Administrative Law Judge and advise the ALJ accordingly.