Subject: Scheduling and Notice of Hearing
This transmittal amends chapter I-2-3 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update and provide instructions relating to hearings by video teleconferencing (VTC). The updates are necessary due to regulatory changes and to incorporate procedures formerly in HALLEX temporary instruction I-5-1-16. We also explain when a claimant can object to appearing by VTC and how an administrative law judge (ALJ) will consider the objections. We also made other formatting and editorial changes.
We revised chapter I-2-3 as follows:
I-2-3-10 A – We made minor language changes to incorporate regulatory changes that allow an ALJ to direct a claimant to appear by telephone under extraordinary circumstances. We also updated instructions and added references to other HALLEX provisions regarding how an ALJ determines the claimant's manner of appearance at the hearing. More specifically, we updated the instructions in sub-subsection 1 to reflect when an ALJ will schedule a claimant's appearance in-person, by VTC, or by telephone.
I-2-3-10 D – We removed the subsection and incorporated the information in sections I-2-3-12.
I-2-3-10 E – We removed the subsection and added the information in section I-2-3-12.
I-2-3-10 F – We removed the subsection and added the information in section I-2-3-12.
I-2-3-10 G – We removed the subsection and added the information in section I-2-3-12.
I-2-3-11 – We added a section titled “Claimant Timely Objected to Appearing at Hearing by Video Teleconferencing but Has Changed Residences.” We explain that the ALJ will determine how the claimant appears, regardless of a prior objection to appearing at hearing by VTC, and how the ALJ will determine the claimant's manner of appearing at hearing in these circumstances.
I-2-3-12 – We added a section titled “Objections to Manner of Appearance or Time and Place Set for Hearing.” We incorporated information previously included in I-2-3-10 D- G, and added new instructions based on regulatory changes. We added subsections titled “Objections to Manner of Appearance,” “Claimant Objects to the Time or Place of the Hearing,” and “Evaluating Whether Good Cause Exists for Objecting to the Time and Place of the Hearing.” We updated existing instructions to incorporate regulatory changes and made other formatting and editorial changes.
I-2-3-15 A – We retitled the subsection “When To Mail the Notice of Hearing.” We moved the information formerly in this subsection to subsection D. We incorporated information formerly in subsection B and made minor editorial and formatting changes.
I-2-3-15 B – We moved some information to subsection A and renamed the subsection “Verifying the Claimant's Address.”
I-2-3-15 C – We added a subsection titled “Notice of Hearing Forms” and incorporated general information about hearing office templates for the notice of hearing. We also inserted instructions previously in HALLEX I-5-1-16 that address preparing a notice of hearing when the hearing will be held by VTC or telephone.
I-2-3-15 D – We added a subsection titled “Information to Include on the Notice of Hearing,” and incorporated information formerly in subsection A. We added two Notes to clarify differences in processing requirements under Part 405 and when the claimant is scheduled to appear by VTC or telephone.
I-2-3-15 E – We added a subsection titled “Documenting the Hearing Information” and noted the appropriate instructions for documenting hearing information.
I-2-3-30 – We updated the information in the section, including removing unnecessary information and inserting helpful references to other HALLEX provisions.
Date: August 29, 2014