Upon receiving a request from the Office of the General Counsel (OGC) for the designation
of a hearing officer, the Office of the Chief Administrative Law Judge, assigns an
Administrative Law Judge (ALJ) to serve as the hearing officer for the case following
instructions in HALLEX I-1-1-50B.7. and HALLEX I-1-1-50C.
If the hearing officer holds a hearing, follow policy and procedure in GN 03970.035B through GN 03970.050.
When a representative fails to file an answer, files a late answer without good cause,
or files a defective answer, the representative forfeits the right to present evidence
at a hearing. OGC may ask OHO to assign a hearing officer to review the record and
issue a decision without holding a hearing. In these situations, the hearing officer,
at his or her discretion, may either issue a decision based on the record or hold
a hearing. If the hearing officer holds a hearing, he or she may allow the representative
to make a statement concerning the validity of the proceedings or the sufficiency
of the evidence. See GN 03970.050.