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SSA RIN: 0960-AE97 Publication ID: Spring 2003 
Title: OASDI and SSI; Administrative Review Process; Video Teleconferencing Appearances Before Administrative Law Judges of the Social Security Administration (737F) 
Abstract: This final rule revises our rules to permit us to conduct hearings before an administrative law judge (ALJ) at which a party or parties to the hearing and/or witness or witnesses may appear before the ALJ by video teleconference (VTC). The revised rules provide that if we schedule a hearing as one at which a party would appear by VTC, rather than in person, and the party objects to use of that procedure, we will reschedule the hearing as one at which the party may appear in person. We requested public comments on this final rule, which was published on February 3, 2003. The final rule became effective on March 5, 2003. The comment period ended April 4, 2003. 
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    20 CFR 404.938    20 CFR 404.950    20 CFR 416.1429    20 CFR 416.1436    20 CFR 416.1438    20 CFR 416.1450   
Legal Authority: 31 USC 3720A    42 USC 401(d)    42 USC 404(f)    42 USC 405(a)    42 USC 405(b)    42 USC 405(d) to 405(L)    42 USC 405(j)    42 USC 421    42 USC 425    42 USC 902(a)(5)    42 USC 1383    42 USC 1383b   
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 makes his or her appearance in the same room as the ALJ. These changes will allow us to schedule a party to appear by VTC without requiring prior written consent, and set out the right of the party to decline such an appearance. We believe that conducting hearings by VTC will improve our efficiency and allow us to improve the service we can provide to individuals requesting a hearing. 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 appearance with no right to decline a VTC appearance.

Anticipated Costs and Benefits: Improved public 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 Rule with Request for Comment  02/03/2003  68 FR 5210   
Final Rule Effective  03/05/2003    
Final Action  08/00/2003    
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:
Robert J. Augustine
Social Insurance Specialist
Social Security Administration
Office of Regulations, 6401 Security Boulevard,
Baltimore, MD 21235-6401
Phone:410 965-0020