I-2-10-8.Office of the Inspector General (OIG) Agents or Others as Witnesses at a Hearing

Last Update: 5/13/14 (Transmittal I-2-108)

A. When an Administrative Law Judge (ALJ) May Request OIG Agents or Others as Witnesses

OIG agents and witnesses may be asked to testify at ALJ hearings if necessary for a full and fair inquiry into the issues. For example, an ALJ may find that an aspect of an OIG submission requires further explanation in oral testimony.

NOTE:

An ALJ will not request an appearance by an OIG Special Agent merely to introduce or to explain an OIG submission, even when it includes evidence submitted by a third party.

B. Making a Request for an Appearance

The OIG Special Agent who heads the office or unit and authorizes issuance of its reports is the person who will appear and testify about OIG activities. The name of the Special Agent appears on the OIG Report of Investigation.

When necessary, and before a notice of hearing is issued, an ALJ may request in writing the names of additional witnesses from the Special Agent. If OIG has relied on evidence supplied by a confidential source, the unit will attempt to provide independent evidence of the facts supplied by that source. A subpoena may be issued if a needed witness declines to appear voluntarily.

NOTE:

ALJs will ordinarily not ask Disability Determination Services (DDS) personnel to testify at a hearing. If an ALJ concludes that the appearance of a DDS employee at a hearing is necessary, follow the procedures in Program Operations Manual System DI 29501.030. In emergency situations, and with prior approval of the Assistant Regional Commissioner, the ALJ may send the request directly to the DDS to the attention of the DDS administrator.

C. Notification

If an OIG agent or another individual associated with an OIG investigation will provide testimony at the hearing, see Hearings, Appeals and Litigation Law manual I-2-10-6 B.