Subject: Prehearing Analysis and Case Workup
This transmittal amends section I-2-1-60 of the Hearings, Appeals and Litigation Law (HALLEX) manual by updating information and adding missing instructions for administrative law judge (ALJ) disqualifications. We also made formatting and language changes to improve the readability of the provision.
HALLEX I-2-1-60 – We retitled the section “Disqualification of an Administrative Law Judge Assigned to a Case” to more accurately reflect the content of the section. We removed the citations and incorporated them into the text of the section.
HALLEX I-2-1-60 A – We made minor editorial language changes and added a NOTE that explains how the Appeals Council will consider the issue if the claimant objects to the ALJ's non-disqualification.
HALLEX I-2-1-60 B – We changed the title of the subsection to “ALJ Voluntarily Disqualified” to more accurately reflect the content in the section. We added sub- subsections to explain when notice of an ALJ disqualification is required. We clarified that an ALJ must disqualify himself or herself before the hearing if the ALJ knows the reason(s) for disqualification before the hearing. We added new instructions for an ALJ when he or she is disqualified after a hearing has been held. We also made other minor editorial language changes.
HALLEX I-2-1-60 C – We changed the title of the subsection to “Claimant Objects to ALJ Assigned to Case.” We made minor editorial language changes to clarify our procedures. We removed a NOTE and moved the information to new subsection D. We updated a second NOTE and moved the information to subsection A.
HALLEX I-2-1-60 D – We added a new subsection titled “Special Considerations for Newly Assigned ALJ,” and inserted information previously in a NOTE in subsection C.
Date: May 21, 2014