POMS Reference

GN 03103: Hearings (Title II and Entitlement Under Title XVIII)

TN 20 (01-12)

A. Finding space for the hearing

The ALJ may ask the FO manager on an HA-506 (Request to Arrange Place for Hearing) to arrange for space for the hearing. The space should be private and quiet. The following list indicates the approved types of space, in the order of preference:

  • Post Office;

  • Other Federal building;

  • Public or semipublic building, such as county or municipal office;

  • Rental space;

  • State employment security office; or

  • District or branch office.

When the ALJ makes his or her own arrangements for hearing space, the ALJ sends the servicing FO a list of the hearings scheduled.

B. Procedure for changes in hearing arrangements

1. Change in arrangements

The ALJ may change the time or place of the hearing upon his or her own motion, or in response to a written request from a party to the hearing. Forward any such request to the ALJ immediately, and by email, if necessary. If the request is made orally, help prepare a letter to the ALJ stating reasons for the request. If advisable, send the ALJ a memorandum stating whether the request seems justified.

If the ALJ grants the request, cancel the former arrangements and make new arrangements as the ALJ directs. Notify the ALJ promptly of the new arrangements, so the ALJ may issue Form HA-508 (Amended Notice of Hearing) to all parties immediately.

2. Interpreter availability

In some instances, an interpreter may not be available to the ALJ. The ALJ may then contact the FO closest to the hearing site to see if an employee or other person is available to act as an interpreter at the hearing. If so, the ALJ sends a memorandum providing pertinent information and requesting the services of the interpreter to the FO through the OHO Regional Office, with a copy to the Regional Commissioner. The FO arranges for the employee's (or other person's) travel. (For information on interpreters, see GN 03103.020D).