I-2-6-80.Continued or Supplemental Hearing

Last Update: 1/21/20 (Transmittal I-2-233)

Citations:

Circumstances may require an administrative law judge (ALJ) to adjourn a hearing in progress and continue it at a later date, conduct a supplemental hearing, or reopen the record to receive additional evidence. If testimony at a hearing leaves unanswered questions, the ALJ may supplement the hearing record with additional oral testimony, a deposition, or additional documentary evidence.

A continuance or supplemental hearing is appropriate when:

If the ALJ decides during the course of a hearing to adjourn the hearing and continue it at a later date, the ALJ may set the date for the supplemental hearing at that time or state that he or she will notify the claimant later of the date of the supplemental hearing. Office of Hearings Operations (OHO) management, through designated staff, will send the notice of supplemental hearing at least 20 days before the date of the hearing. See HALLEX I-2-3-35. If an ALJ decides to conduct a supplemental hearing, he or she must reopen the record.

NOTE:

Continuance of a hearing generally delays issuance of the decision and the ALJ should fully inform the claimant and representative of this fact. The ALJ should continue a hearing only if there is a good reason to do so.