Last Update: 5/13/2014 (Transmittal I-2-108)
HA 01295.003 Receipt of the
Investigative Report While Request for Hearing Is Pending
Renumbered from HALLEX section I-2-10-3
If an administrative law judge (ALJ) receives information
from the Office of the Inspector General or a Cooperative Disability
Investigations Unit after a request for hearing has been filed, and
the ALJ proposes to enter the evidence into the record as an exhibit,
the ALJ must give the claimant and appointed representative, if
any, an opportunity to review the evidence before the hearing. For
additional reference, see Hearings, Appeals and Litigation Law manual HA 01250.028 D and HA 01210.035.
If an ALJ receives a request from
a U.S. Attorney or law enforcement official to delay the hearing
because of a possible criminal violation, the ALJ will continue routine
processing of the case and refer the request to the Regional Chief
Administrative Law Judge (RCALJ) for advice. The RCALJ will consult
with the Office of the Chief Administrative Law Judge and advise
the ALJ accordingly.