Subject: Initial Processing of a Request for Hearing
This transmittal amends chapter I-2-0 of the Hearings, Appeals and Litigation Law (HALLEX) manual to further clarify good cause requirements when a claimant relies on an appointed representative to timely file a request for hearing and the representative fails to do so.
I-2-0-60 B – We added a NOTE to clarify that good cause for late filing cannot be inferred merely because a claimant has a representative. The NOTE also explains that if an administrative law judge (ALJ) observes behavior that may be a violation of our rules relating to representation, the ALJ will consider making a referral to the Office of the General Counsel.
Date: February 7, 2014