Chapter: I-2-4
Subject: Dismissals
This transmittal amends section I-2-4-25 of the Hearings, Appeals, and Litigation Law (HALLEX) manual to implement the manner of appearance final rule, see 89 FR 68341 (Aug. 26, 2024). The changes include the use of updated terms for appearances by audio, agency video, and online video, updates regarding documentation of audio hearings, and the removal of time and place references. Additionally, the changes include the addition of guidance for finding good cause for failure to appear when there is no agreement to an appearance by online video.
I-2-4-25 – In subsection A, we added a note to indicate that if a claimant fails to appear at an audio hearing, staff will document the telephone number(s) called in a report of contact. Additionally, we revised a note to indicate that if a claimant, who is scheduled to appear in person or by agency video, appears at the hearing site for an in-person or agency video hearing or contacts the hearing office after the time set for the hearing, staff will document the appearance in a report of contact. We also changed the language to update terms for appearances by audio, agency video, and online video. In subsection C, we updated language regarding good cause for failure to appear and removed time and place references. We also removed references to the Case Processing and Management System (CPMS). Additionally, we added guidance for finding good cause for failure to appear when there is no agreement to an appearance by online video. In subsections D and E, we updated language regarding good cause for failure to appear to remove time and place references. Finally, we added subsection F to address situations where the claimant requests a change in the manner of appearance.
Date: November 25, 2024