Hearing office (HO) staff will select proposed exhibits and
prepare a proposed exhibit list for an administrative law judge's (ALJ)
approval. HO staff will propose a document as an exhibit when it is
material to the issues in a case.
As explained in Hearings, Appeals,
and Litigation Law (HALLEX) manual HA 01260.058, evidence is material if it
is relevant, i.e., involves or is directly related to issues being
adjudicated.
Exhibits relied on by an ALJ must be clearly identified
for any reviewing component. Therefore, exhibits must be selected,
arranged, and marked in all cases. See HALLEX HA 01210.020.
Regardless of the information in HALLEX HA 01210.015 B below, HO staff will generally
not propose exhibiting the following:
•
Miscellaneous working papers, transmittal forms or route
slips, and internal communications;
•
Documents pertaining solely to an auxiliary claimant
who is not a party to the hearing (see HALLEX HA 01210.024); and
•
Documents classified by the source as
“Confidential” that are still under restriction. Similarly,
HO staff will not propose to admit any determinations, analyses, or
reports that refer to the confidential document or contain excerpts
from it.