Last Update: 11/25/2024 (Transmittal I-2-263)

HA 01260.080 Continued or Supplemental Hearing

Renumbered from HALLEX section I-2-6-80

Circumstances may require an administrative law judge (ALJ) to adjourn a hearing in progress and continue it at a later date, conduct a supplemental hearing, or reopen the record to receive additional evidence. See 20 CFR 404.944 and 416.1444. If testimony at a hearing leaves unanswered questions, the ALJ may supplement the hearing record with additional oral testimony, a deposition, or additional documentary evidence.

A continuance or supplemental hearing is appropriate when:

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  certain testimony or a document adduced at the hearing has taken the claimant by surprise, is adverse to the claimant's interest, and presents evidence that the claimant could not reasonably have anticipated and to which the claimant is not prepared to respond;

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  the ALJ believes additional testimony regarding a new issue is appropriate;

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  the ALJ discovers during the hearing that the testimony of a person who is absent is needed and the person may be available at a later date;

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  the claimant wishes to present evidence, but cannot present it by document, affidavit, or deposition without diminishing its probative value because of the absence of opportunity for detailed examination or cross-examination of the witness;

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  an order of remand directs the ALJ to hold a supplemental hearing (see HALLEX HA 01210.065 A, Determining the Right to a Hearing);

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  audio or video quality prevents the hearing from proceeding (e.g., termination of the audio or video connection, poor audio or video quality that prevents the efficient administration of the hearing, or the claimant appearing from a location with loud background noise); or

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  a request is made to cross-examine the author or provider of post-hearing evidence.

If the ALJ decides during the course of a hearing to adjourn the hearing and continue it at a later date:

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  The ALJ will state that the Hearing Office will notify the claimant later of the date of the supplemental hearing.

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  Office of Hearings Operations (OHO) management, through designated staff, will schedule the continued hearing pursuant to HALLEX HA 01230.010.

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  If necessary, OHO management, through designated staff, may schedule the claimant to appear by a different manner of appearance.

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  OHO management, through designated staff, will send the notice of supplemental hearing at least 20 days before the date of the hearing unless the claimant waives in writing the advanced notice requirement. See HALLEX HA 01230.035.

If an ALJ decides to conduct a supplemental hearing, they must reopen the record if it is not already open.