OHO management, through designated staff, determines the
claimant's manner of appearance at the hearing, and will notify
the claimant and appointed representative, if any, of the manner of
appearance in the notice of hearing. OHO management, through designated
staff, may schedule the claimant to appear at the hearing by audio, by
agency video, in person, or, if the claimant agrees, by online video. In
determining the claimant's manner of appearance, OHO management, through
designated staff, will consider (1) which manner of appearance would
be the most efficient for conducting the hearing and (2) any facts
in the case that provide a good reason to schedule the claimant's
appearance in a certain manner. See 20 CFR 404.936,
404.938,
416.1436,
and 416.1438,
and HALLEX HA 01205.015.
In determining how the claimant will appear at the hearing,
OHO management, through designated staff, must approve a claimant's
timely submitted objection to appearing by audio, by agency video,
or both (unless the claimant changes residences while the request for
hearing is pending), as explained in HALLEX HA 01205.015 and HA 01205.021.
If the claimant agrees to appear by online video, OHO management,
through designated staff, will generally schedule the claimant to
appear by online video. The submission of a timely agreement to
appear by online video will generally be considered a fact that
provides a good reason to schedule the claimant to appear in that
manner. Accordingly, if the claimant agrees to appear by online video,
OHO management, through designated staff, will generally schedule
the claimant to appear by online video unless doing so would cause
delay or there is a good reason to schedule the claimant to appear by
another available manner of appearance. See 20 CFR 404.936(c)(1)
and 416.1436(c)(1)
for factors to consider when determining the manner of appearance. See
also HALLEX I-2-0-22.
OHO management, through designated staff, will schedule an in-person
appearance if the following criteria is met:
•
the claimant properly objected to appearing by both
audio and agency video, as described in HALLEX HA 01205.021,
•
the claimant did not agree to appear by online video,
as described in HALLEX I-2-0-22,
•
the claimant has not changed their residence while the
request for hearing is pending. (See HALLEX HA 01230.011 B for circumstances when OHO
management, through designated staff, will honor a claimant's objection
to appearing via both audio and video even if they changed residences
while the request for hearing is pending), and
•
an audio hearing is not directed due to
extraordinary circumstances by HALLEX HA 01205.015 C.
Regardless of a claimant's manner of appearance at the hearing,
the administrative law judge (ALJ) must inquire fully into all matters
at issue and conduct the hearing in a fair and impartial manner. See
HALLEX HA 01260.001.
A claimant or other party to the hearing will not be denied the
right to a hearing because of geographic considerations. See HALLEX
HA 01210.045 D.
An ALJ's personal preference for one
manner of appearance over another will not impact OHO management's
determination regarding setting the manner of appearance.
Though OHO management, through
designated staff, will do so whenever practicable, they are not required
to honor a claimant's request to appear by audio, agency video, or
online video.
While it is presumed that an appointed
representative, if any, will generally appear in the same manner as the
claimant, an ALJ has discretion to consider a representative's request
to appear in a different manner.
The Hearing Office Chief Administrative Law Judge (HOCALJ),
or their designee, will determine whether to direct an appearance by
audio in certain circumstances. See HALLEX HA 01205.015.
For claimants who are incarcerated or otherwise confined in an
institution:
•
For security reasons and to reduce delays in the hearing
that might otherwise occur, OHO management, through designated staff,
will schedule the claimant to appear by agency video (if the claimant
did not object to that modality) or online video (if the claimant agreed
to that modality).
•
If agency video and online video are not available,
OHO management, through designated staff, will generally schedule the
claimant's appearance by audio, unless there are facts in the particular
case that provide a good reason to schedule an appearance in person, if
allowed by the place of confinement, or by agency video, online video, or
in person upon the claimant's release. See 20 CFR 404.936(d)(3)
and 416.1436(d)(3).