Prehearing Orders

March 26, 2014

Claimants who have hearings coming up should be reminded of an order from Debra Bice, the Chief Administrative Law Judge, dated April 16, 2012 which prevents administrative law judges from sending prehearing orders with mandatory requirements for items such as submission of evidence or prehearing orders which reference sanctions for failing to comply with the terms of the prehearing order.  ALJs have an independent duty to develop the record, which is inconsistent with mandatory requirements and threatened sanctions.  She terms these orders “improper”.

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