Background

This transmittal amends chapter I-2-6 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update the procedures for the opening and closing statements at hearings conducted by an administrative law judge (ALJ).

Explanation of Content and Changes

I-2-6-52 – In subsection B, we provided a cross reference to the procedures set forth in HALLEX I-2-1-80 B.1., which now includes the instructions formerly in this section about the requirement to notify a claimant of his or her right to representation. In subsection C, we replaced the instructions formerly in this subsection about the postponement of a hearing to allow a claimant to obtain representation with a cross reference to I-2-1-80 B.2., which now includes the instructions previously in this subsection. In subsection E, we added instructions regarding when an ALJ will ask a claimant and any representative about additional evidence. In addition, we incorporated information previously in HALLEX I-2-6-78 and made it consistent with HALLEX I-2-6-59. Finally, we made formatting and minor editorial changes throughout the section.

I-2-6-78 – We moved the first paragraph and NOTE previously in this section to HALLEX I-2-6-52 E. We reformatted the remaining information in this section and added NOTE 1 to clarify an ALJ's authority to keep the record open for submission of additional evidence and his or her obligations when deciding to do so. We also added NOTE 2 to clarify the proffer procedures if an ALJ obtains additional evidence after the conclusion of a hearing. We removed reference to an ALJ granting an extension of time as that procedure is outdated. Finally, we made formatting and minor editorial changes throughout the section.

Date: November 20, 2018