Subject: Scheduling and Notice of Hearing
This transmittal amends section I-2-3-10 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update procedures for scheduling hearings before an administrative law judge (ALJ).
I-2-3-10 – In subsection A, we removed the reference to the pilot program to set the time and place of a hearing because it expired on August 11, 2017. We added subsection B.3. to describe new procedures for scheduling hearings before an ALJ for represented claimants in accordance with the addition of new subsections 20 CFR 404.1740(b)(3)(iii) and 416.1540(b)(3)(iii). We instructed Office of Hearings Operations staff to obtain a representative's availability in advance of scheduling hearings and provided guidance on documenting this information. We also provided guidance on the action staff will take if a representative does not provide the requested scheduling information and on how to avoid scheduling conflicts. We reorganized the remaining subsections and made minor editorial changes throughout the provision.
Date: August 13, 2018