Last Update: 5/1/2017 (Transmittal I-2-204)
HA 01220.020 Objections to the Issues
Renumbered from HALLEX section I-2-2-20
An administrative law judge (ALJ) will provide advance notice
to all parties to a hearing of the issue(s) he or she will decide,
unless a party waives, in writing, the right to such advance notice. For
notice of issues, see Hearings, Appeals and Litigation Law (HALLEX)
manual HA 01220.010. For
general information about issues decided at the hearing, see HALLEX HA 01220.001. For
the definition of parties to the hearing, see HALLEX HA 01210.045.
As set forth in 20
CFR 404.939 and 416.1439,
if a party objects to an issue(s) the ALJ will decide at the hearing,
the party must notify the ALJ, in writing, stating his or her reason(s)
for the objection(s). The party must submit the objection no later
than five business days before the date of the scheduled hearing,
unless he or she shows that his or her circumstances meet the conditions described
in 20 CFR 404.935(b)
and 416.1435(b).
For the definition of business days, see HALLEX HA 01250.001 NOTE 3.
The ALJ will rule on the objection, either in a writing marked as
an exhibit in the claim(s) file or on the record during the hearing.
A party to the hearing may also submit other objections that
do not fall under the scope of this regulation. Specifically, a
party may raise objections during the hearing (e.g., objections
to the testimony given by a witness), or a party may object to:
•
The manner of appearance
or the time and place set for hearing (see HALLEX HA 01230.012).