Subject: Obtaining Evidence
This transmittal amends section I-2-5-78 in the Hearings, Appeals and Litigation (HALLEX) manual to update procedures for using subpoenas, whether the subpoena is requested by a claimant or is issued on an administrative law judge's (ALJ) own initiative.
HALLEX I-2-5-78 is amended as follows:
I-2-5-78 A – We moved the information previously in the subsection to subsection C. We changed the title to “General” and incorporated information previously in an introductory paragraph. We made several editorial changes to the language for clarity and explained a variance in procedure in the Fifth Circuit due to Acquiescence Ruling 91-1(5).
I-2-5-78 B – We changed the title to “Claimant Requests Subpoena,” and added two sub-subsections titled “Receipt of Request” and “Evaluating the Request.” In sub- subsection B.1, we added information explaining when a claimant or appointed representative, if any, must submit a subpoena request, noting the variance in procedures in Region 1. We moved a NOTE previously in subsection B to subsection C. We incorporated the information that was retained in subsection B in sub-subsection B.1. and made minor editorial changes. In sub-subsection B.2., we updated and incorporated information previously in subsection C.
I-2-5-78 C – We changed the title to “Subpoena on ALJ's Initiative,” and incorporated information previously in subsections A and B.
I-2-5-78 D – We expanded our instruction to state that an ALJ can deny a request for a subpoena either in writing or on the record during a hearing.
Date: October 8, 2015