Subject: Representation of Claimants
This transmittal amends sections I-1-1-10 and I-1-1-11 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update procedures for appointing, documenting, and communicating with representatives.
I-1-1-10 – We reformatted this section to clarify the procedures for representative appointment. We added subsection A, which outlines the general policy and cites to the underlying regulations. We incorporated most of the information previously in this section into subsection B and changed “Note 1” to “Note.” We added subsection C to clarify the procedures for changes in representation. We added subsection D to explain that a claimant may appoint more than one person to serve as a representative but must appoint each representative individually in writing and must specify a principal representative. We transformed previous Note 2 into subsection E. We also made organizational, formatting, and minor editorial changes throughout this section.
I-1-1-11 – We reformatted this section to clarify documentation procedures for appointing representatives. We added subsection A, which outlines the general policy and cites to the underlying regulations. We re-lettered former subsections A and B to subsections B and C. We added subsection D to explain the procedures for appointing, documenting, and communicating with multiple representatives. We stated that while a claimant may appoint more than one person to serve as a representative, the claimant must designate a principal representative, and, if a claimant does not designate a primary representative, the Office of Hearings Operations (OHO) and the Office of Appellate Operations (OAO) consider the last appointed representative to be the principal representative. We instructed OHO and OAO staff not to remove electronic cases from eSign if there is more than one representative. We also stated that if a claimant indicates an intent to terminate any representative, OHO or OAO staff will inform the claimant to submit the request in writing. We moved former subsection C, making it new subsection E. We also made organizational, formatting, and minor editorial changes throughout this section.
Date: December 17, 2019