I-2-6-52. Opening Statement

Last Update: 9/2/05 (Transmittal I-2-64)

A. Opening Statement and Advisement of the Right to Representation

The ALJ will open the hearing with a brief statement explaining how the hearing will be conducted, the procedural history of the case, and the issues involved. In supplemental hearings, the ALJ need only identify the case, state the purpose of the supplemental hearing, and describe the issue(s) to be decided.

Generally, the content and format of the opening statement are within the discretion of the ALJ. However, if the claimant is unrepresented, the ALJ must ensure that the claimant is capable of making an informed choice about representation. For example, the ALJ should ask an unrepresented claimant the following questions on the record:

Once the ALJ has determined that the claimant is capable of making an informed choice, he or she will either secure on the record the claimant's decision concerning representation, or obtain from the claimant a written waiver of the claimant's right to representation, which will be marked as an exhibit. See I-2-6-98 WAIVER OF REPRESENTATION.

If the claimant desires to postpone the hearing to obtain a representative, and it is the first such request, the ALJ should grant the requested postponement. In such instance, the ALJ should:

The ALJ should rule on the record his or her determination regarding any prehearing requests or motions of the claimant or representative, i.e., requests for postponement (20 CFR §§ 404.936, 416.1436), disqualification of the ALJ (20 CFR §§ 404.940, 416.1440) and subpoenas (20 CFR §§ 404.950(d), 416.1450(d).

B. Claimant Requests to Make a Private Recording of the Hearing

If the claimant or representative requests to make a private recording of the hearing, and the ALJ decides to grant the request, the ALJ's opening statement should include language such as the following:

You asked if you may make a private recording of the proceedings of this hearing. This request is granted for the purpose of providing information for your personal use and convenience in pursuing this claim. However, if your recording interferes with the orderly conduct of the hearing, I shall withdraw this permission. The hearing proceedings are confidential, and unauthorized use or disclosure of this information is prohibited by law, except as expressly permitted by the Privacy Act and the Freedom of Information Act. I also remind you that the recording I am making will be the official verbatim record of this proceeding.