I-2-6-34.Examination of Proposed Exhibits on Date of Hearing

If a claimant or representative has not examined the administrative record, including any proposed exhibits, the administrative law judge (ALJ) or hearing office (HO) staff must give them the opportunity to examine the material before the hearing. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-35.

If the claimant or representative has objections or comments regarding a proposed exhibit, wants additional material from the administrative record exhibited as evidence, or has other evidence to submit, the HO staff will inform the ALJ before the hearing begins. The ALJ will receive the objections, comments, or additional evidence on the record at the beginning of the hearing. For instructions about admitting evidence into the record, see HALLEX I-2-6-58 and I-2-6-59. For situations where the claimant is appearing by video teleconferencing and submits evidence at the hearing, see HALLEX I-2-6-15 A.3.

The ALJ will rule on any objections to the proposed exhibits on the record at the beginning of the hearing, by rendering an order after the hearing, or by addressing the objections in the decision.