I-2-6-46.Omissions or Inaudibles on the Hearing Cassette/CD

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

A. Discovered During the Hearing

If a periodic check of the recording equipment during the hearing reveals omissions or inaudible testimony or questioning, the Administrative Law Judge (ALJ) must:

  • summarize the missing testimony or questioning;

  • verify the summary's correctness and accuracy with the claimant or representative; and

  • read the summary into the record.

B. Discovered After the Hearing

If omissions or inaudible testimony or questioning are discovered after the hearing but before the decision is issued, the ALJ must:

  • summarize the missing testimony or questioning;

  • send the summary to the representative or the claimant, allowing a reasonable time for comment; and

  • review the representative's or claimant's response, modify the summary as necessary, and admit the summary into evidence as an exhibit.