Untimely Filed Requests for Hearing | Received on or before May 11, 2023
· Send Form HA-L61 (Request to Show Cause for Late Filing) in all such cases.
· If Form HA-L61 was sent on or before May 11, 2023, provide the claimant with 30 days to respond before issuing a dismissal.
· If Form HA-L61 is sent on or after May 12, 2023, provide the claimant with 15 days (10 days, plus 5 days for mailing time) to respond before issuing a dismissal.
| Received on or after May 12, 2023
· Follow the procedures in HALLEX I-2-4-15 if no explanation is included with the untimely request or if the ALJ deems it necessary to follow those procedures.
· Provide the claimant with 15
days (10 days, plus 5 days for
mailing time) to respond
before issuing a dismissal.
|
Failure to Appear at a Hearing | Hearings on or before May 11, 2023
· If required pre-hearing contact attempts were made, send Form HA-L90 (Request to Show Cause for Failure to Appear).
· If staff did not make the required pre-hearing contact attempts, the case should immediately be rescheduled for a hearing, and it is not necessary to send Form HA-L90.
· If Form HA-L90 was sent on or before May 11, 2023 provide the claimant with 30 days to respond before issuing a dismissal.
· If Form HA-L90 is sent on or after May 12, 2023, provide the claimant with 15 days (10 days, plus 5 days for mailing time) to respond before issuing a dismissal.
| Hearings on or after May 12, 2023
· Follow the standard procedures in HALLEX I-2-4-25.
· Send Form HA-L90 when it is necessary per HALLEX I-2-4-25 to develop whether there was good cause for the claimant’s failure to appear.
· When sending Form HA-L90, provide the claimant with 15 days (10 days, plus 5 days for mailing time) to respond before issuing a dismissal.
· It is not necessary to send Form HA-L90 if good cause development is not needed per HALLEX I-2-4-25.
· See HALLEX I-2-4-25 C.3 for situations where good cause development is not necessary for dismissal.
· If the record shows there was not proper notification of the scheduled hearing, the hearing must be rescheduled. It is not necessary to send Form HA-L90 prior to rescheduling if lack of proper notification is already in the record. See HALLEX I-2-4-25 C.1.a.
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