Before administering the oath or affirmation to a person,
the ALJ will explain to the person that he or she will be placing
the person under oath or affirmation before taking testimony and
ask if the person has any objections to taking an oath or affirmation.
If there is no objection, the ALJ will then ask the person to use
the applicable oath or affirmation below. (See A above if the person
objects to testifying under oath or affirmation).
When administering the oath or affirmation, the person does
not need to repeat the ALJ's words verbatim. Rather, the person
may respond with a simple affirmation such as “yes” or “I
do.”
If there are several witnesses, the ALJ may administer the
oath or affirmation to all witnesses before taking any testimony,
or the ALJ may administer the oath or affirmation separately to
each person.
If an ALJ determines that the testimony of a claimant or witness
with limited proficiency in English is needed to inquire fully into
the issues, the ALJ will ensure that an interpreter is available
when administering the oath to and taking testimony from the claimant
or witness. See Hearings, Appeals and Litigation Law (HALLEX) manual
section HA 01260.010.
1. Example - Claimant
or Witness
“Do you solemnly swear (or affirm) that the testimony
you are about to give at this hearing (or, if a deposition, the
testimony you are about to give at this time) shall be the truth,
and nothing but the truth, under penalty of perjury?”
“Do you solemnly swear (or affirm), under penalty
of perjury, that:
•
You have no prior
relationship to the claimant or any other party testifying during
the hearing;
•
You are not acting as the legal representative for
the claimant; and
•
To the best of your ability, you will interpret
the proceedings accurately and completely, including all questions
and responses, will not assume or infer facts or dates when interpreting,
and will not change the original meaning of any questions or answers?”