Chapter: I-2-0
Subject: Initial Processing of a Request for Hearing
This transmittal amends the procedures in section I-2-0 of the Hearings, Appeals and Litigation Law (HALLEX) manual to update our policy in accordance with the regulatory changes at 84 FR 69298. That final rule provides that the agency, rather than the administrative law judge (ALJ) assigned to the case, will determine how parties and witnesses will appear at a hearing and will set the time and place for the hearing accordingly. Under the final rule, a claimant retains the right to object to appearing at his or her hearing by video teleconferencing (VTC).
I-2-0-15 – We updated language to clarify that Office of Hearings Operations (OHO) management, through designated staff, rather than the ALJ assigned to the case, will determine a claimants manner of appearance, subject to the claimant's right to object to appearing by VTC. We clarified in subsections A and C that the Hearing Office Chief Administrative Law Judge (HOCALJ), or his or her designee, has authority to direct a claimant to appear by telephone. We also provided hyperlinks to the regulations and made minor editorial changes.
I-2-0-21 – We updated language throughout the section to change the authority for setting the manner of appearance from the ALJ to OHO management, through designated staff. We updated instructions in subsection C for evaluating objections to appearing by VTC and removed references distinguishing procedures when an ALJ has already been assigned to a case. We updated hyperlinks and made minor editorial changes.
1-2-0-70 – We updated language throughout the section to change the authority for setting the manner of appearance from the ALJ to OHO management, through designated staff. We removed reference to HALLEX I-2-3-11. We made minor editorial changes.
I-2-0-72 – We updated subsection D to clarify that the HOCALJ, or his or her designee, rather than the ALJ assigned to the case, has authority to direct a foreign claimant to appear by telephone. We made minor editorial changes.
Date: January 21, 2020