I-2-6-78.Closing the Hearing

Prior to closing a hearing, an administrative law judge (ALJ) will:

• Ensure that the claimant and any representative have indicated, at any time during the hearing, that there is no additional evidence to submit or disclose to the ALJ (see Hearings, Appeals and Litigation (HALLEX) manual I-2-6-52 E);

  NOTE 1:

  If the claimant or any representative indicates that there is additional evidence to submit, the ALJ will determine whether to leave the record open for submission of the evidence (see 20 CFR 404.935(b), 404.1513(b), 416.913(b), and 416.1435(b); and HALLEX I-2-6-59 B). If relevant, the ALJ will determine how long the record will remain open to allow submission of the additional evidence.

• Determine that no additional evidence is needed;

  NOTE 2:

  If an ALJ intends to obtain additional evidence (e.g., consultative examination or medical report), the ALJ will advise the claimant and any representative that before issuing a decision, they will have an opportunity to examine the evidence, submit comment(s), object to the evidence, refute the evidence by submitting other evidence, or request a supplemental hearing, if necessary. For specific proffer instructions, see HALLEX I-2-7-1. If the claimant or any representative knowingly and voluntarily waives the right to examine the evidence, the ALJ will indicate such waiver on the record following the procedures set forth in HALLEX I-2-7-15.

• Advise the claimant and any representative that he or she will issue a written decision setting forth the findings of fact and the conclusions of law; and

• State on the record that the hearing and record are closed.