Last Update: 9/2/05 (Transmittal I-2-64)
Citations:
If the claimant or the representative has not examined the administrative record that constitutes or will constitute the evidence of record for decision, including the proposed exhibits, the ALJ or HO staff must give them the opportunity to examine the material before the hearing. (See I-2-1-35, Examination of Proposed Exhibits and Other Claim File Material.) If the claimant or the representative has objections or comments regarding a proposed exhibit, wants additional material from the administrative record included as evidence, or has other evidence to submit, the HO staff will inform the ALJ before the hearing begins. The ALJ will receive the objections, comments, or additional evidence on the record at the beginning of the hearing. The ALJ will rule on any objections to the proposed exhibits at the beginning of the hearing by rendering an order after the hearing or by addressing the objection in the decision.
NOTE 1:
If possible, the evidence or a summary of the evidence which the claimant wishes to have considered at the hearing should be submitted with the request for hearing or within 10 days after filing the request. 20 CFR §§ 404.935, 416.1435.
NOTE 2:
Claimants and representatives appearing by video teleconferencing (VTC) should be encouraged to mail new evidence to the HO in advance of the hearing date. OHA remote VTC sites and HO VTC hearing rooms are equipped with facsimile capability. Evidence that the claimant brings to the hearing may be faxed to the ALJ in the HO in limited quantities. The ALJ may require the claimant or representative to mail larger quantities of evidence. (See I-5-1-16, VideoTeleconferencing Procedures.)