View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
SSA RIN: 0960-AE97 Publication ID: Fall 2001 
Title: OASDI and SSI; Expansion of the Use of Video Teleconference Technology in Hearings Before Administrative Law Judges of the Social Security Administration (737F) 
Abstract: We are amending our regulations to permit us to conduct hearings before an administrative law judge (ALJ) by video teleconference (VTC). We will add new sections to the regulations that will state the conditions for an ALJ to find good cause to change the time and place of a hearing if we schedule a VTC hearing, and the individual tells us he/she does not want a VTC hearing. 
Agency: Social Security Administration(SSA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 404.929    20 CFR 404.936(b)    20 CFR 404.936(c)    20 CFR 404.936(d)(8)(New)    20 CFR 404.938    20 CFR 416.1429    20 CFR 416.1436(b)    20 CFR 416.1436(c)    20 CFR 416.1436(d)(8)(New)    20 CFR 416.1438   
Legal Authority: 42 USC 205(a)    42 USC 205(b)    42 USC 902(a)(5)    42 USC 1383   
Legal Deadline:  None

Statement of Need: Our regulations provide for a hearing in person before an ALJ. Traditionally, this has meant that the individual requesting a hearing and the ALJ were present in the same room. These changes will allow us to schedule a VTC hearing without requiring prior written consent, and set out the right to decline such a hearing. We believe that conducting hearings by VTC will improve our efficiency and allow us to serve our customers better. The VTC provision will aid in reducing the average processing time for hearings by eliminating much of the time some ALJ's must spend to travel to remote sites to conduct hearings face-to-face.

Summary of the Legal Basis: None.

Alternatives: Require participation in a scheduled VTC hearing; i.e., no right to decline a VTC hearing.

Anticipated Costs and Benefits: Improved customer service by providing faster access to a hearing.

Risks: None.

Timetable:
Action Date FR Cite
NPRM  01/05/2001  66 FR 1059   
NPRM Comment Period End  03/06/2001    
Final Action  12/00/2001    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Related RINs: Previously reported as 0960-AA05 
Agency Contact:
Cynthia Pullen-Carroll
Social Insurance Specialist
Social Security Administration
6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-3691