OHO Issues Two New CJBs

OHO has issued two new Chief Judge Bulletins (CJB).

CJB 23-01: Hearing Appearances by Telephone and Online Video

This CJB clarifies that all OHO offices will continue scheduling telephone and online video hearings, despite the official end of the COVID-19 Public Health Emergency (PHE) on May 11, 2023. The bulletin also provides additional guidelines and procedures for telephone and online video hearings.

The guidance reiterates that OHO will generally not schedule a telephone hearing unless the party agrees to that hearing method, but notes the limited circumstances that may lead to an exception, which are set forth in the regulations. The guidance also reiterates that OHO will only schedule online video hearings if claimants and their representatives both agree to that manner of appearance.

For parties that can’t be reached or do not agree to appear by telephone or online video, OHO will schedule in-person or VTC hearing. The bulletin notes that a party does not have a right object to an in-person hearing.

Additionally, the bulletin restates the consent process for telephone or online video appearances and lays out the procedure that representatives must follow to properly document consent.

The bulletin provides a reminder on additional procedures for recognizing a representative when a proper written notice of appointment has not been submitted and restates accommodations for claimants who are deaf or hard of hearing.

Read the full CJB here.

CJB 23-02: Processing Failure to Appear and Untimely Filed Hearing Request Dismissals

This CJB establishes procedures for determining when to apply modified or standard procedures when issuing Untimely Filed Hearing Request Dismissals and Failure to Appear Dismissals now that the COVID-19 PHE has expired.

The guidance notes that OHO can only issue a Failure to Appear Dismissal when a claimant fails to appear for a telephone or online hearing if the office has properly documented consent for a telephone or online video hearing.

The bulletin also asserts OHO will follow all Notice of Hearings (NOH) and Standard Contact Procedures outlined in regulations and HALLEX. It also provides a breakdown on Request to Show Cause procedures, based on when paperwork was received by the hearing office.

Finally, the guidance lays out procedures for when a NOH is marked undeliverable by the postal service, reasserts In-Line Quality Review for Failure to Appear and Untimely Filing Dismissals, and rescinds certain good cause provisions outlined previous in CJB 22-03.

Read the full CJB here.