Background

This transmittal clarifies and updates the procedures relating to posthearing actions contained in HALLEX Chapter I-2-7. These changes reflect changes in technology, including the use of the Document Generation System (DGS).

Explanation of Content and Changes

I-2-7-1 now explains that proffer procedures do not need to be followed if the claimant waives the right to inspect and comment on posthearing evidence.

I-2-7-20 is updated to provide instructions for using DGS to generate a letter extending time to submit additional evidence. Subsection B. eliminates the need to reopen the record by recording on a supplemental hearing cassette (or CD).

I-2-7-30 expands the requirements for the proffer letter in subsection B. and provides instructions to access the proffer letter in DGS. Subsection G. simplifies the requirements for the ALJ's cover memorandum to the FO.

I-2-7-35 eliminates subsection C. in its entirety.

I-2-7-93 expands the kinds of materials that the claimant may submit in response to a proffer through the field office, and adds subpoena information.

Date: September 2, 2005