Background

This transmittal amends chapter I-2-7 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update instructions for proffering additional evidence received after an administrative law judge (ALJ) hearing.

Explanation of Content and Changes

Chapter I-2-7 is amended as follows:

I-2-7-1 – We changed the title to “Posthearing Evidence – When Proffer Is Required” to more accurately reflect the content of the section. We reorganized the information to improve readability and added information previously in HALLEX I-2-7-30. We moved some information to HALLEX I-2-7-10 and removed other information that duplicated information in other HALLEX sections.

I-2-7-10 – We added information previously in HALLEX I-2-7-1 and made minor editorial changes. We also included a reference to the hearing office electronic business process.

I-2-7-15 – We changed the title to “Waiver of the Right to Examine Posthearing Evidence and Right to Supplemental Hearing” to better reflect the content of the section. We removed information that duplicated information in HALLEX I-2-7-1 and added a cross reference to the instructions regarding proffer procedures. We also clarified that when an ALJ proffers evidence, he or she must also offer the claimant the right to a supplemental hearing. We added information regarding waivers previously in HALLEX I-2-7-35.

I-2-7-20 – We changed the title to “Claimant Requests Additional Time to Submit Evidence After the Hearing” to better reflect the content of the section. We changed the title of subsection A to “Setting a Time Limit For Submitting Posthearing Evidence,” reformatted the information in subsection A, and moved some information from subsection A to subsection B. We changed the title of subsection B to “Evidence Not Submitted,” moved the information from subsection B to subsection C, and incorporated information previously in subsection A. We changed the title of subsection C to “Receipt of Evidence” and consolidated information previously in subsections B and C.

I-2-7-30 – We moved the information previously in subsection A to HALLEX I-2-7-1 and inserted a reference to these instructions. We changed the title of subsection A to “Proffering Evidence” and incorporated information previously in subsection B. We changed the title of subsection B to “Sending the Proffer Letter” and incorporated information previously in subsections C, D, and F. We changed the title of subsection C to “Response Received” and incorporated information previously in subsections E and H. We changed the title of subsection D to “Proffer Through the FO” and incorporated information previously in subsection G. We deleted subsections E through H.

I-2-7-35 – We changed the title to “Entering Posthearing Evidence Into the Record” to better reflect the purpose of the section. We removed outdated and irrelevant information, and we also removed the subsections.

I-2-7-95 – We updated the language in the sample memorandum consistent with editorial changes made in HALLEX I-2-7-30 D.

Date: April 17, 2015