Subject: Prehearing Analysis and Case Workup
This transmittal amends the Hearings, Appeals and Litigation Law (HALLEX) manual Chapter I-2-1 to update and clarify the procedures when there are threats of violence or there is the potential for violent behavior. We revised and updated section I-2-1-37, and we added a new section I- 2-1-38. For clarity and consistency, we added regulatory citations and made editorial and organizational changes throughout.
I-2-1-37 - We renamed the section “Threats of Violence by Claimants and Others.”
I-2-1-37 Introduction – We removed this language and incorporated it throughout the provision where appropriate.
I-2-1-37 A. – We changed the heading to “Introduction - Office Emergency Protocol”, and clarified the procedures apply to all hearings operations employees. We included emergency protocol instructions that will be implemented in each office.
I-2-1-37 B. – We simplified subsection 1 and clarified that an employee who becomes aware of an immediate threat must notify management and the designated emergency situation employee. We added a new sub-subsection to update and clarify the instructions for contacting the appropriate security and law enforcement authorities, as well as other agency components. We added a new sub-subsection to clarify procedures when an employee is specifically targeted. We modified the heading of subsection 2 to more accurately reflect the purpose of the section, and clarified that a threatening writing must also be treated as an emergency situation. We clarified the responsibilities of each employee and updated contact information for security and law enforcement authorities.
I-2-1-37 C. – We modified the title to “Potential Suicidal, Homicidal, or Other Violent Behavior – No Immediate Threat.” We expanded the instructions to add instruction for targeted employees, documenting a file, and notifying other components.
I-2-1-37 D. – We changed the title to “Processing Claims Involving a Threat of Violence” to more accurately reflect the purpose of the section. We added instructions in new subsection D.2. explaining procedures for scheduling a hearing with an individual who is banned from our offices or who poses a threat. We moved the information formerly in D.2. to D.3. and provided more detailed instruction on documenting the file and notifying the field office. We moved existing subsection D.3. to new subsection D.4. and modified the title. We also made other minor editorial changes.
I-2-1-37 E. – We revised the title for clarity, and updated the information. We also reorganized the information, and made minor editorial changes.
I-2-1-37 F. – We deleted this subsection as the information is duplicative.
I-2-1-38 – We created a new section titled “Ban Letter Procedures” to address situations when a claimant is not permitted in any agency facility or the claimant poses a reasonable threat to the safety of others participating at a hearing.
I-2-1-38 A. – We added subsection A. to provide general information on ban letter procedures.
I-2-1-38 B. – We added subsection B. to provide instructions on when individuals may be banned from entering agency facilities.
I-2-1-38 C. – We added subsection C. to provide instructions for hearing offices on how to ban an individual from entering agency facilities.
Date: March 25, 2013