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SSA

RIN: 0960-AE97

Publication ID: Fall 2003

Title: OASDI and SSI; Administrative Review Process; Video Teleconferencing Appearances Before Administrative Law Judges of the Social Security Administration (737F)
Abstract: These final rules consider and respond to public comments received on final rules with request for comment that we published on February 3, 2003, to authorize us to conduct hearings before an Administrative Law Judge (ALJ) at which a party or parties to the hearing and/or a witness or witnesses may appear before the ALJ by video teleconference (VTC). The final rules with request for comment 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 comment on the final rules of February 3, 2003, because they made a significant change in a provision included in our notice of proposed rulemaking for these rules. Unlike the proposed rules, which would have given claimants the right to veto the use of VTC to take their own testimony and the testimony of expert witnesses, the final rules with request for comment give claimants the right to veto the use of VTC only for the purpose of taking their own testimony.
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: 42 USC 205(a) 42 USC 205(b) 42 USC 902(a)(5) 42 USC 1383

Legal Deadline: None

Statement of Need: We received public comments on the final rules with request for comment. We must publish final rules to state our responses to the comments and our decision regarding whether to make changes in the final rules of February 3, 2003, which authorized our use of VTC to conduct appearances at ALJ hearings effective March 5, 2003.

Summary of the Legal Basis: None.

Alternatives: None.

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	12/00/2003

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