Chapter: I-2-6
Subject: Conduct of Hearings
This transmittal amends chapter I-2-6 of the Hearings, Appeals, and Litigation Law (HALLEX) manual to implement the manner of appearance final rule, see 89 FR 68341 (Aug. 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 the manner of appearance for depositions. Additionally, the changes include information about ensuring privacy for hearings conducted at an alternate duty station and rescheduling the claimant to appear by a different manner of appearance. Finally, we updated the Notice to Deponent.
I-2-6-15 – We changed the title of this section to “Appearance by Audio, Agency Video, or Online Video.” In Section A, we updated terms for appearances by audio, agency video, and online video. We added a note indicating that if a claimant is scheduled to appear by audio or online video and the ALJ conducts the hearing at an alternate duty station, the ALJ must make reasonable and good faith efforts to ensure that no one is in the room during the hearing and that all non-approved devices are disabled. Additionally, we added information about accessing the record, submitting new evidence, hearing recordings, and the opening statement. In subsection B, we updated terms for appearances by audio, agency video, and online video. We added subsection C to address rescheduling a hearing for an audio, agency video, or online video appearance.
I-2-6-22 – In subsection A, we updated the language regarding the manner of appearance for scheduling a deposition. In subsection B, we updated the language regarding the manner of appearance for scheduling a deposition and updated terms for appearances by audio, agency video, and online video. In subsection C, we added information regarding objections to appearing at a deposition by online video. In subsection E, we updated terms for deposition appearances by audio, agency video, and online video.
I-2-6-34 – We added guidance regarding the examination of proposed exhibits on the day of the hearing. Additionally, we updated terms for appearances by audio, agency video, and online video.
I-2-6-80 – We added a bullet point indicating that a continuance or supplemental hearing is appropriate when audio or video quality prevents the hearing from proceeding. Additionally, we added information about rescheduling the claimant to appear by a different manner of appearance.
I-2-6-90 – We updated the Notice to Deponent to indicate the manner of appearance, objections to online video, and to include updated terms for appearances by audio, agency video, and online video. We also removed the reference to the claimant's SSN and updated the signature to the Hearing Office Director.
Date: November 25, 2024