Setting the Manner for the Appearance of Parties and Witnesses at a Hearing

We are publishing a final rule we proposed in November 2018 regarding setting the time, place, and manner of appearance for hearings at the administrative law judge (ALJ) level of our administrative review process, with modifications. Our final rule states that we (the agency) will determine how parties and witnesses will appear at a hearing before an ALJ, and that we will set the time and place for the hearing accordingly. We will schedule the parties to a hearing to appear by video teleconference (VTC), in person, or, in limited circumstances, by telephone. Under this final rule, we will decide how parties and witnesses will appear at a hearing based on several factors, but the parties to a hearing will continue to have the ability to opt out of appearing by VTC at the ALJ hearings level. Finally, we are revising our rule to state that, at the ALJ hearing level, if we need to send an amended notice of hearing, or if we need to schedule a supplemental hearing, we will send the amended notice or notice of supplemental hearing at least 20 days before the date of the hearing. The date of hearing indicated in the amended notice or notice of supplemental hearing will be at least 75 days from the date we first sent the claimant a notice of hearing, unless the claimant has waived his or her right to advance notice.