Background

This transmittal adds section I-2-8-19 to the Hearings, Appeals and Litigation Law (HALLEX) manual to incorporate and update instructions for oral decisions issued on the record during a hearing. This update replaces information previously located in HALLEX temporary instruction I-5-1-17.

Explanation of Content and Changes

HALLEX I-2-8-19 is organized as follows:

I-2-8-19 – We titled the section “Oral Decisions on the Record (Bench Decisions).”

I-2-8-19 A – We titled the subsection “General Policy.” We added a sub-subsection titled “Regulatory Requirements” and explained the requirements in 20 CFR 404.953(b) and 416.1453(b). We added another sub-subsection titled “When an ALJ May Issue an Oral Decision” and explained the types of cases in which oral decisions on the record are permitted. We also provided guidance on the types of cases and issues that would preclude an administrative law judge from using these procedures.

I-2-8-19 B – We titled the subsection “Procedures” and included three sub- subsections titled “Prior to the Hearing,” “At the Hearing,” and “After the Hearing.” We explained the steps needed to prepare for a hearing in which an oral decision on the record may be appropriate, the actions needed and the information to provide during a hearing, and the actions required after the hearing has concluded.

Date: November 7, 2016