I-2-3-10.Scheduling Hearings

1. Determining the Time and Place for Hearing

OHO management, through designated staff, will consider the following factors when setting the time and, if applicable, place for a hearing:

• The number and types of cases to be set for hearing;

• The proximity of the hearing site to the claimant's residence; and

• The availability of hearing participants on the proposed hearing date.

To the extent possible, for in-person and agency video appearances, the location of the hearing site will be within 75 miles of the claimant's residence.

2. Determining the Claimant's Manner of Appearance

OHO management, through designated staff, determines the claimant's manner of appearance at the hearing, and will notify the claimant and appointed representative, if any, of the manner of appearance in the notice of hearing. OHO management, through designated staff, may schedule the claimant to appear at the hearing by audio, by agency video, in person, or, if the claimant agrees, by online video. In determining the claimant's manner of appearance, OHO management, through designated staff, will consider (1) which manner of appearance would be the most efficient for conducting the hearing and (2) any facts in the case that provide a good reason to schedule the claimant's appearance in a certain manner. See 20 CFR 404.936, 404.938, 416.1436, and 416.1438, and HALLEX I-2-0-15.

In determining how the claimant will appear at the hearing, OHO management, through designated staff, must approve a claimant's timely submitted objection to appearing by audio, by agency video, or both (unless the claimant changes residences while the request for hearing is pending), as explained in HALLEX I-2-0-15 and I-2-0-21.

If the claimant agrees to appear by online video, OHO management, through designated staff, will generally schedule the claimant to appear by online video. The submission of a timely agreement to appear by online video will generally be considered a fact that provides a good reason to schedule the claimant to appear in that manner. Accordingly, if the claimant agrees to appear by online video, OHO management, through designated staff, will generally schedule the claimant to appear by online video unless doing so would cause delay or there is a good reason to schedule the claimant to appear by another available manner of appearance. See 20 CFR 404.936(c)(1) and 416.1436(c)(1) for factors to consider when determining the manner of appearance. See also HALLEX I-2-0-22.

OHO management, through designated staff, will schedule an in-person appearance if the following criteria is met:

• the claimant properly objected to appearing by both audio and agency video, as described in HALLEX I-2-0-21,

• the claimant did not agree to appear by online video, as described in HALLEX I-2-0-22,

• the claimant has not changed their residence while the request for hearing is pending. (See HALLEX I-2-3-11 B for circumstances when OHO management, through designated staff, will honor a claimant's objection to appearing via both audio and video even if they changed residences while the request for hearing is pending), and

• an audio hearing is not directed due to extraordinary circumstances by HALLEX I-2-0-15 C.

Regardless of a claimant's manner of appearance at the hearing, the administrative law judge (ALJ) must inquire fully into all matters at issue and conduct the hearing in a fair and impartial manner. See HALLEX I-2-6-1.

A claimant or other party to the hearing will not be denied the right to a hearing because of geographic considerations. See HALLEX I-2-1-45 D.

The Hearing Office Chief Administrative Law Judge (HOCALJ), or their designee, will determine whether to direct an appearance by audio in certain circumstances. See HALLEX I-2-0-15.

For claimants who are incarcerated or otherwise confined in an institution:

• For security reasons and to reduce delays in the hearing that might otherwise occur, OHO management, through designated staff, will schedule the claimant to appear by agency video (if the claimant did not object to that modality) or online video (if the claimant agreed to that modality).

• If agency video and online video are not available, OHO management, through designated staff, will generally schedule the claimant's appearance by audio, unless there are facts in the particular case that provide a good reason to schedule an appearance in person, if allowed by the place of confinement, or by agency video, online video, or in person upon the claimant's release. See 20 CFR 404.936(d)(3) and 416.1436(d)(3).

3. Determining the Manner of Appearance of Witnesses

OHO management, through designated staff, will generally direct any person the ALJ calls as a witness, including a medical or vocational expert, to appear at the hearing by audio, agency video, or online video. OHO management, through designated staff, will also direct any witness the claimant calls to appear at a hearing in the same manner as the claimant, or to appear by agency video or by audio if they cannot appear in the same manner as the claimant. The notice of hearing will inform the claimant of the manner of any witness's appearance.

OHO management, through designated staff, will only direct a witness to appear in person in the following circumstances:

• A witness is unable to appear by other available manners of appearance;

• An alternate manner of appearance would be less efficient than conducting an examination of a witness in person; or

• There are facts in the particular case that provide a good reason to schedule the individual's appearance in person. See 20 CFR 404.936 and 416.1436.

For further information regarding testimony by a medical or vocational expert, see HALLEX I-2-6-70 or I-2-6-74 respectively.

4. Scheduling With Appointed Representatives