Background

This transmittal amends chapter I-2-3 of the Hearings, Appeals, and Litigation Law (HALLEX) manual to implement the manner of appearance final rule, see 89 FR 68341 (August 26, 2024), and to use gender inclusive language. The changes include the use of updated terms for appearances by audio, agency video, and online video, and updated instructions for determining the manner of appearance for claimants and other parties, scheduling hearings, and sending the notice of hearing.

Explanation of Content and Changes

I-2-3-5 – We updated language regarding where Administrative Law Judge hearings are held.

I-2-3-10 – In subsection A, we updated the terms for appearances by audio, agency video, and online video. In subsection B, we updated how we determine the claimant's manner of appearance to include appearance by audio, agency video, and online video and how we consider timely submitted objections and agreements. We also updated the manner appearance guidance for claimants who are incarcerated or otherwise confined in an institution, as well as for representatives and witnesses. Additionally, we added guidance regarding determining the claimant's manner of appearance.

I-2-3-11 – We changed the title of this section to “Claimant Timely Objected to Appearing at Hearing by Audio, Agency Video, or Both, but Has Changed Residences.” In subsection A, we updated the terms for appearances by audio, agency video, and online video and removed references to telephone appearances. We added language regarding objections by claimants to appearing by audio, agency video, or both and regarding the withdrawal of an agreement to appear by online video. In subsection B, we updated the terms for appearances by audio, agency video, and online video. In subsection C, we added a note regarding procedures if the claimant has objected to appearing via audio, agency video, or both, and changes residences while the request for hearing is pending.

I-2-3-12 – In subsection A, we updated the terms for appearances by audio, agency video, and online video. We added language regarding objections to appearing by audio and agency video and withdrawal of agreement to appearing by online video. In subsections B and C, we updated the terms for appearances by audio, agency video, and online video and adopted gender inclusive language.

I-2-3-15 – In subsection C, we updated the language regarding notice language options and added instructions regarding updating the notice of hearing. In subsection D, we added additional information to include in the notice of hearing regarding the manner of appearance. In subsection E, we removed the reference to the Representative Video Project.

Date: November 25, 2024