Subject: Prehearing Analysis and Case Workup
This transmittal amends the procedures in section I-2-1 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update our policy in accordance with the regulatory changes at 84 FR 69298. That final rule provides that the agency, rather than the administrative law judge (ALJ) assigned to the case, will determine how parties and witnesses will appear at a hearing and will set the time and place for the hearing accordingly. Under the final rule, a claimant retains the right to object to appearing at his or her hearing by video teleconferencing (VTC).
I-2-1-57 – We updated language throughout the section to reflect that Office of Hearings Operations management, through designated staff, rather than the ALJ assigned to the case, has the authority to schedule hearings and set the claimant's manner of appearance, subject to the claimant's right to object to appearing by VTC. We made minor editorial changes throughout the section.
Date: January 21, 2020