Current through Vol. 42, No. 1, September 16, 2024
(a) If, following a
hearing at which a decision was not pronounced, the administrative hearing
officer (AHO) determines the evidence presented in the hearing was so
inadequate that a decision cannot be made, the hearing is reopened and further
information requested.
(1) When it is
necessary to reopen a hearing, the AHO sends the client, authorized
representative, and the local office a letter clearly stating:
(A) what evidence is to be
submitted;
(B) who submits the
evidence;
(C) a deadline for
submission;
(D) the manner in which
the evidence is submitted; and
(E)
the deadline for the opposing party to submit comments regarding the evidence
or to request the hearing be reconvened.
(2) The client is expected to cooperate in
any way necessary to obtain the desired information and failure to do so
without good cause may result in the dismissal of the hearing
request.
(b) When the
hearing is reopened for the purpose of obtaining additional medical
information, the needed examination is arranged in the usual manner.
(1) When the examination is authorized by a
local office, the office routes the original completed report to the Appeals
Unit and the client or authorized representative.
(2) When the examination is authorized by
State Office, all copies of the completed report are forwarded to the Appeals
Unit by the division or unit that authorized the examination. The Appeals Unit
sends a copy of the completed report to the local requesting office and to the
client.
(c) The AHO may
make a referral to another unit or division, or request the local office obtain
the needed information.
(d)
Following receipt of additional information, the AHO informs the client,
authorized representative, and local office in writing of:
(1) the additional evidence
obtained;
(2) the source of the
additional evidence;
(3) how the
evidence relates to the issues; and
(4) that either party may ask the hearing be
reconvened, but the AHO is not required to grant the request.
Added at 19 Ok Reg
2199, eff 6-27-02
