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Office of Disability Adjudication and Review

Volume I

Transmittal No. I-2-119

Chapter: I-2-6

Subject: Conduct of Hearing


This transmittal amends chapter I-2-6 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update and provide instructions relating to hearings by video teleconferencing (VTC) and telephone. The updates are necessary due to regulatory changes and to incorporate procedures formerly in HALLEX temporary instruction I-5-1-16. We also made other formatting and editorial changes.

Explanation of Content and Changes

This transmittal revises chapter I-2-6 as follows:

I-2-6-15 – We added a new section titled “Hearing by Video Teleconferencing (VTC) or Telephone” to include special processing considerations when a participant appears at the hearing by telephone or VTC. We also include information about when an administrative law judge (ALJ) may reschedule a VTC or telephone hearing.

I-2-6-20 B – We updated the information in the subsection and clarified that an ALJ determines whether an affiant or deponent is an essential person. We added several helpful references and made other minor formatting and editorial changes.

I-2-6-22 A – We removed references to the “hearing office file” and clarified that depositions may be taken before or after a hearing.

I-2-6-22 B – We removed references to the “hearing office file” and made other minor editorial changes.

I-2-6-22 C – We added that a claimant's objections to the taking or recording of a deposition must be submitted at least 10 days prior to the date of the deposition. We also reference other instructions if the objection is not submitted until the day of the deposition. We made other minor editorial changes.

I-2-6-22 D – We removed references to the “hearing office file” and made other minor editorial changes.

I-2-6-22 E – We clarified that a claimant has the same rights during a deposition that he or she has during hearing proceedings. We made other minor editorial changes.

I-2-6-22 F - I – We made minor editorial changes.

I-2-6-34 – We removed outdated references to HALLEX I-5-1- 16 and made other minor editorial and formatting changes.

I-2-6-40 A – We moved the information previously in subsection A to subsection B. We renamed the section “General” and included general information about the hearing recording, including what to do when a claimant requests to make a private recording of the hearing proceedings.

I-2-6-40 B – We removed outdated instructions relating to analog recordings and renamed the subsection “Recording the Hearing.” We clarified that an ALJ must suspend taking testimony if the equipment is not working and that additional actions regarding the hearing recording may be required if any participant is appearing at the hearing via VTC or telephone. We also removed outdated information about cassette recordings. We updated instructions for uploading digital recordings after the hearing and made other minor editorial changes.

Date: August 29, 2014