Background

This transmittal amends chapter I-2-0 of the Hearings, Appeals, and Litigation Law (HALLEX) manual to implement the manner of appearance final rule, see 89 FR 68341 (Aug. 26, 2024), and to use gender inclusive language. The changes include the use of updated terms for appearances by audio, agency video, and online video, and updated instructions for scheduling hearings and determining the manner of appearance for claimants and other parties.

Explanation of Content and Changes

I-2-0-15 – We changed the title of this section to “Appearance by Audio, Agency Video, or Online Video.” In subsection A, we added language to reflect all the manners of appearance, and we defined audio, agency video, and online video. In subsection B, we updated language to include that we will notify a claimant in the Notice of Ways to Attend a Hearing that they may be scheduled to appear at the hearing by audio, agency video, in person, or, if the claimant agrees, by online video. We also added language regarding claimant objections to the manner of appearance. In subsection C, we replaced telephone appearances with audio appearances and added language regarding when we can direct an appearance by audio.

I-2-0-19 – We established a new section titled “Notice of Ways to Attend a Hearing.” We provided information regarding sending this notice and included a requirement that it be sent at the same time as the Acknowledgment of Request for Hearing Letter, but in a separate mailing. We included information regarding the content of this notice. Finally, we provided information regarding the routing of this notice.

I-2-0-20 – In subsection B, we added language to indicate that the Notice of Ways to Attend a Hearing will be sent separately from the Acknowledgment Letter. We also removed video teleconferencing from the content of the Acknowledgment Letter.

I-2-0-21 – We changed the title of this section to “Objection to Appearing at Hearing by Audio or Agency Video.” In subsection A, we made changes to reflect the claimant's right to object in writing to appearing at a hearing by audio, by agency video, or both, within 30 days of receiving the Notice of Ways to Attend a Hearing. In subsection C, we added language regarding how cases will be scheduled with timely objections to audio, agency video, or both, and how changes of residence will impact scheduling. In subsection D, we updated the language to include audio and agency video.

I-2-0-22 – We established a new section titled “Agreement to Appearing by Online Video.” We provided a general overview indicating that we may schedule a claimant to appear by online video only if the claimant agrees in writing within 30 days after the receiving a Notice of Ways to Attend a Hearing. We included language that if we receive a timely agreement, we will generally schedule the claimant to appear by online video and that any untimely agreements will be evaluated under the good cause standards. Finally, we established that the claimant may withdraw their agreement to appear by online video at any time before the start of the hearing.

I-2-0-72 – In subsection A, we adjusted the language regarding where we hold hearings. In subsection D, we updated the language to include audio, agency video, and online video.

Date: November 25, 2024