This transmittal amends section I-2-4-25 of the Hearings, Appeals and Litigation Law (HALLEX) manual by clarifying the circumstances under which an administrative law judge (ALJ) may dismiss a request for hearing.
I-2-4-25 – We moved the requirement that the ALJ document any attempts to develop good cause, and any responses received, from subsection A to subsection B. We updated the note in subsection A.3. to clarify that an ALJ may not dismiss a request for hearing if a minor's parent or guardian appears on their behalf. We updated the second bullet in subsection C.1.a. to direct the ALJ to ensure the agency attempted to contact the claimant in a manner consistent with HALLEX I-2-3-20. We also updated the note in subsection C.1.a. to reference the relevant regulations. We added “NOTE 1” in subsection C.1.c., stating that when both the agency and the representative are unable to locate the claimant, and the representative withdraws, the ALJ may dismiss the request for hearing. We renumbered the existing note in subsection C.1.c. to “NOTE 2.” In subsection E, we added a reference to HALLEX I-2-3-12 concerning good cause for requesting a change in the time or place of a hearing. We also updated hyperlinks and made minor editorial changes throughout the section.
Date: June 24, 2021