I-2-6-30.Additional Evidence Received At or After the Hearing

Last Update: 9/2/05 (Transmittal I-2-64)

If additional evidence is received at or after the hearing, mark the item(s) with the next exhibit number(s). Add the exhibit(s) to the exhibit list under the heading “RECEIVED DURING HEARING” or “RECEIVED SUBSEQUENT TO HEARING,” as appropriate. (See I-2-1-15, Exhibits; I-2-1-20, Preparation of Exhibit List; and I-2-6-94 Sample - EXHIBIT LIST (FINAL).)

If the ALJ issues a fully favorable decision, a draft exhibit list may be used in the administrative record.

If the ALJ issues a partially favorable or unfavorable decision, the HO staff must prepare a final exhibit list on Form HA-540 (Exhibit List) and place it in the administrative record with the ALJ's decision. For this reason, most HOs routinely prepare their exhibit lists in final form to avoid duplication of effort.

NOTE:

Do not write on, highlight or otherwise mark paper exhibits in the official claim file except to stamp and number them.