Background

HALLEX Chapter I-2-6-52 Opening Statement is amended to correct the change to language pursuant to action taken in Transmittal No. I-2-80, which resulted in requiring an Administrative Law Judge (ALJ) to obtain from the claimant a written waiver of representation if the claimant states that he or she does not want representation. Prior to the change, an ALJ was directed to either secure the claimant's decision concerning representation on the record or obtain a written waiver of the claimant's right to representation. This section is also amended to eliminate the nested bullets, to improve readability, and to be consistent with the “Plain Language Writing Techniques.”

Explanation of Content and Changes

I-2-6-52 A. We revised the heading of this subsection to “Opening Statement.”

I-2-6-52 B. We inserted a new subsection titled “Advisement of the Right to Representation,” and relocated the information that previously appeared in I-2-6-52 A to improve readability. We restored the original language and intent of the provision regarding waiver of representation, eliminating the requirement for both an on the record and written waiver of the right to representation. We also removed the nested bullets to be consistent with the “Plain Language Writing Techniques.”

I-2-6-52 C. We inserted a new subsection titled “Postponement of the Hearing to Obtain Representation” and relocated the information that previously appeared in I-2-6-52 A to improve readability. We also removed the nested bullets to be consistent with the “Plain Language Writing Techniques.”

I-2-6-52 D. This subsection now provides information that previously appeared in I-2-6-52 B.

I-2-6-52 E. This subsection now provides information that previously appeared in I-2-6-52 C.

I-1-1-3. We revised the referenced hyperlink in this section from “I-2-6-52 A” to “I-2-6-52 B” to be consistent with the new subsections created in this revision.

Date: August 6, 2012