TN 6 (04-12)
GN 03970.040 Administration of a Hearing regarding Charges
Social Security Act 206(a)(1)
20 CFR 404.1765 and 20 CFR 416.1565
A. Policy for the Office of Disability Adjudication and Review’s administration of a hearing of a representative on charges.
The hearing officer conducts an adversarial (rather than inquisitorial) hearing, with the Office of the General Counsel (OGC) representing the agency’s position and interests as the administrative prosecutor. An attorney or non-attorney may represent the representative. The representative may present evidence at the hearing in support of his or her position only if he or she filed a timely answer. If the representative filed an untimely answer without good cause (as determined by the General Counsel) or a defective answer, he or she has no right to present evidence. The hearing officer may decide the charges based on the record submitted by OGC without holding a hearing. If the representative loses his or her right to present evidence, at the discretion of the hearing officer, the representative may present a written or oral statement of his or her arguments with regard to the sufficiency of the agency’s evidence or the validity of the proceedings.
HALLEX I-1-1-50C Hearing Officer Actions on a Complaint
NOTE: Refer questions regarding this section to the appropriate OGC office electronically at the addresses listed in GN 03970.070A.