Subject: Conduct of Hearings
This transmittal amends chapter I-2-6 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update the procedures for the opening and closing statements at hearings conducted by an administrative law judge (ALJ).
I-2-6-52 – In subsection B, we provided a cross reference to the procedures set forth in HALLEX I-2-1-80 B.1., which now includes the instructions formerly in this section about the requirement to notify a claimant of his or her right to representation. In subsection C, we replaced the instructions formerly in this subsection about the postponement of a hearing to allow a claimant to obtain representation with a cross reference to I-2-1-80 B.2., which now includes the instructions previously in this subsection. In subsection E, we added instructions regarding when an ALJ will ask a claimant and any representative about additional evidence. In addition, we incorporated information previously in HALLEX I-2-6-78 and made it consistent with HALLEX I-2-6-59. Finally, we made formatting and minor editorial changes throughout the section.
I-2-6-78 – We moved the first paragraph and NOTE previously in this section to HALLEX I-2-6-52 E. We reformatted the remaining information in this section and added NOTE 1 to clarify an ALJ's authority to keep the record open for submission of additional evidence and his or her obligations when deciding to do so. We also added NOTE 2 to clarify the proffer procedures if an ALJ obtains additional evidence after the conclusion of a hearing. We removed reference to an ALJ granting an extension of time as that procedure is outdated. Finally, we made formatting and minor editorial changes throughout the section.
Date: November 20, 2018