Background

This transmittal amends section I-2-9-65 in the Hearings, Appeals and Litigation Law (HALLEX) manual, titled “Conditions Necessary for Reopening Due to Fraud or Similar Fault.” The section includes instructions for administrative law judges when adjudicating the issue of reopening based on an issue of fraud or similar fault.

Explanation of Content and Changes

I-2-9-65 – We removed the citations and incorporated the introductory information into new subsection A.

I-2-9-65 A – We moved information formerly in the subsection to subsection B and renamed subsection A “General.” We incorporated relevant information from the regulations and information formerly included in the introductory paragraph.

I-2-9-65 B – We renamed the subsection “Additional Considerations for Reopening for Similar Fault in Title XVI Cases.” We revised the presentation and language, and incorporated information formerly in subsections A and C.

I-2-9-65 C – We moved the information formerly in the subsection to subsection B. We renamed subsection C “Evaluation of Evidence in Reopened Cases,” and we provided reference to the applicable HALLEX instructions in I-2-10- 10.

I-2-9-65 D – We removed the information formerly in the subsection. We renamed the subsection “Notice Requirements in Reopened Cases,” and we provided reference to applicable HALLEX instructions in I-2-10-6.

I-2-9-65 E – We moved the information formerly in the subsection to HALLEX I-2-10-6 C. We renamed subsection E “Contents of Revised Decision,” and we provided reference to the applicable HALLEX instructions in I-2-10-14.

I-2-9-65 F – We removed the subsection.

Date: May 13, 2014