Chapter: II-5-1
Subject: Administrative Matters
This transmittal adds a new Appeals Council Interpretation in the Hearings, Appeals and Litigation Law (HALLEX) manual to provide instructions for how the Appeals Council will handle a request for review of an administrative law judge (ALJ) dismissal when the claimant does not appear at a hearing, but a person purporting to be the claimant's representative appears and submits a signed appointment of representative for the first time.
We titled II-5-1-8 “Administrative Law Judge Dismisses Request for Hearing When Person Appears at Hearing Without Claimant and Submits Appointment of Representation.” We explain the Appeals Council's action on a request for review of an ALJ dismissal for the claimant's failure to appear when a person purporting to be the appointed representative appears at the hearing and submits an appointment of representative for the first time, signed by the claimant. In general terms, the Appeals Council will not grant review of an ALJ's dismissal for failure to appear when the ALJ demonstrates there is a good reason supported by the record for finding the claimant was not aware of or did not specifically consent to the person's appointment. The Appeals Council will grant review if the ALJ did not articulate a good reason, based on the record, for finding the claimant was not aware of or did not specifically consent to the appointment of the person who appeared at the time and place of the hearing. If the claimant submits new information showing that he or she was aware of and consented to the representation, the Appeals Council will also grant review.
Date: July 29, 2015