§404.929 Hearing before an administrative law judge—general.

If you are dissatisfied with one of the determinations or decisions listed in §404.930, you may request a hearing. Subject to §404.956, the Deputy Commissioner for Hearings Operations, or their delegate, will appoint an administrative law judge to conduct the hearing. If circumstances warrant, the Deputy Commissioner for Hearings Operations, or their delegate, may assign your case to another administrative law judge. We will schedule you to appear by audio, agency video, online video, or in person as set forth in §404.936. Audio means telephone or similar audio-based technology in a private location you choose. Agency video means video, with audio functionality, using our equipment in one of our offices. Online video means video, with audio functionality, using a personal electronic device in a private location you choose. When we determine your manner of appearance, we consider the factors described in §404.936(c)(1)(i) through (ii). You may submit new evidence (subject to the provisions of §404.935), examine the evidence used in making the determination or decision under review, and present and question witnesses. The administrative law judge who conducts the hearing may ask you questions. The administrative law judge will issue a decision based on the preponderance of the evidence in the hearing record. If you waive your right to appear at the hearing, the administrative law judge will make a decision based on the preponderance of the evidence that is in the file and, subject to the provisions of §404.935, any new evidence that may have been submitted for consideration.

[68 FR 5218, Feb. 3, 2003; 79 FR 35931, June 25, 2014; 81 FR 90992, Dec. 16, 2016; 84 FR 69304, Dec. 18, 2019; 85 FR 73157, Nov. 16, 2020; 89 FR 68360, Aug. 26, 2024]