TN 5 (09-92)
DI 33015.022 Disability Hearing Officer Who Held Hearing Becomes Unavailable to Write Decision
When the DHO who held the hearing becomes unavailable, e.g., due to illness, injury, resignation, to write the decision, another disability hearing must be offered before an unfavorable decision is issued.
1. Fully favorable decision warranted
Have another DHO prepare the decision if the evidence supports a fully favorable decision.
2. Unfavorable decision indicated
Schedule another hearing per DI 33010.005, if the evidence supports an unfavorable decision.
Modify the notice language in DI 33010.080 or DI 33010.085 to show the reason another hearing has been scheduled. An example of such a modification is in DI 33015.065.
Include the information on travel, as shown in DI 33010.080 or DI 33010.085 in the notice, and place a copy of the notice in the claims folder.
3. Claimant does not want another hearing
Cancel the hearing as outlined in DI 33010.007. Document the claims folder to show that the offer of another hearing was declined. Prepare a Report of Contact to document the folder if the hearing was declined by telephone.
Have a DHO prepare the decision based on the evidence of record.