I-2-6-34.Examination of Proposed Exhibits on Date of Hearing

If a claimant or representative has not examined the administrative record, including any proposed exhibits, the administrative law judge (ALJ) or hearing office (HO) staff must give them the opportunity to examine the material before the hearing. See Hearings, Appeals and Litigation Law (HALLEX) manual I-2-1-35.

As described in HALLEX I-5-1-22, certain representatives must access an electronic claim(s) file through the Appointed Representative Services (ARS) system. If a representative who is required to access the electronic claims file through ARS states they have not examined the administrative record, the ALJ or HO staff will remind the representative of the obligation to access the folder through ARS and ask why the representative did not examine the administrative record prior to the hearing.

When a claimant is unrepresented or when a representative is not required to access the electronic claim files through ARS, HO staff must give them the opportunity to examine the material before the hearing. For audio and online video appearances, the ALJ will ask the claimant or representative, if any, whether they would like to proceed with the hearing or whether they want to postpone the hearing to examine the administrative record. The ALJ will inform the claimant and representative, if any, that, if they want to proceed, the ALJ will review the evidence with them on the record, and inform the claimant and representative, if any, that the HO staff can provide a copy of the claim file after the hearing and before issuance of a decision. See Standard Hearings Operations Procedure (SHOP) sections 1.1.5 and 3.2.12 for providing a copy of the claim file. For in-person or agency video hearings, HO staff will provide the claimant or representative a copy of the file for review. See SHOP 1.1.7.

If the claimant or representative has objections or comments regarding a proposed exhibit, wants additional material from the administrative record exhibited as evidence, or has other evidence to submit, the HO staff will inform the ALJ before the hearing begins, when possible. The ALJ will receive the objections, comments, or additional evidence on the record at the beginning of the hearing. For instructions about admitting evidence into the record, see HALLEX I-2-6-58 and I-2-6-59. For situations where the claimant is appearing by agency video and submits evidence at the hearing, see HALLEX I-2-6-15 A.3.

The ALJ will rule on any objections to the proposed exhibits on the record at the beginning of the hearing, by rendering an order after the hearing, or by addressing the objections in the decision.