SAMPLE HEARING NOTICE TO CLAIMANT WHO FILED AN OBJECTION

 

RE:  NOTICE OF HEARING

 

Dear Claimant Name:

 

A hearing has been scheduled concerning the above referenced claim under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended, 42 U.S.C. § 7384 et seq. (EEOICPA).  The hearing will begin promptly at TIME AM/PM on DAY, DATE at the following location: 

 

BUILDING NAME

STREET ADDRESS

CITY, ST ZIP-CODE

(XXX) XXX-XXXX  (for directions only)

 

Please bring a photo I.D. so that you may be admitted into the building.

 

The specific issue to be addressed at the hearing: [If it is a Part E hearing request: The issue to be addressed at the hearing is whether you are entitled to compensation and benefits under Part E of the EEOICPA.  If it is a Part B and Part E hearing request:  The issues to be addressed at the hearing are whether you are entitled to compensation and benefits under Part B and Part E of the EEOICPA.] 

 

You must inform me of any person other than your authorized representative that will be attending the hearing with you not later than XXXXXX (1 week prior to the date of the hearing).  Please be aware that in such circumstances, all claimants who have requested this hearing must sign a “WAIVER OF RIGHTS TO CONFIDENTIALITY.”   Additionally, I will need to determine whether proper room arrangements can be made to accommodate the number of people expected to attend the hearing. 

 

Please be advised that the security requirements of the XXXXXXXX (Federal Building) require me to provide a list of all attendees.  Anyone not on the list will not be admitted to the building and will not be able to attend the hearing.

 

The hearing is an informal process, and I am not bound by common law or statutory rules of evidence or by technical or formal rules of procedure. During the hearing, you may state your arguments and present new written evidence and/or testimony in support of the claim.  Oral testimony will be made under oath or affirmation and is recorded.  The recording of the hearing proceedings is then transcribed and placed in the record.  You will be provided a copy of the hearing transcript.  You or anyone else present may not make your own video or audio recording of the hearing. 

 

I determine the conduct of the hearing and may terminate the hearing at any time I determine that all relevant evidence has been obtained or because of misbehavior on the part of the claimant and/or representative, or any other persons in attendance at or near the place of the hearing.

 

[Add this paragraph if the hearing concerns the POC] Since the issues raised relate to the dose reconstruction process, it is important for you to know that the National Institute for Occupational Safety and Health (NIOSH) has full authority under the regulations to complete the dose reconstruction as prescribed in its rules.  The dose reconstruction is used by the Department of Labor to determine the probability that the claimed cancer is related to employment at a covered facility.  During the hearing, I am not authorized to address NIOSH methodology and therefore will not be in a position to discuss the way in which NIOSH prepares the dose reconstruction.  You may present your objections at the hearing, including any evidence or information you wish to submit and all arguments, evidence and information will be entered into the record.  However, I can discuss only issues of a factual nature regarding the information you provided to NIOSH, and which that agency used to perform the dose reconstruction. 

 

I have attached additional information regarding the hearing procedures for your review.  If you have any questions concerning these procedures, please feel free to contact me at (xxx) xxx-xxxx.

 

Sincerely,

 

Hearing Representative

 

Enclosure


 

HEARING PROCEDURES

 

BEFORE THE DATE OF THE HEARING:  Before the date of the hearing, please submit any additional evidence that you wish me to consider.  However, if such evidence is submitted on the date of the hearing or within thirty (30) days after the hearing, it will still be carefully considered and made part of the record. You must notify me at least one (1) week prior to the date of the hearing if persons other than claimants involved with the case, to include any properly appointed authorized representatives, will be attending the hearing.  Please be aware that in such circumstances, all claimants who have requested this hearing must sign a “WAIVER OF RIGHTS TO CONFIDENTIALITY.”   Additionally, I will need to determine whether proper room arrangements can be made to accommodate the number of people expected to attend the hearing. 

 

The hearing is an informal process, and I am not bound by common law or statutory rules of evidence or by technical or formal rules of procedure. During the hearing, you may state your arguments and present new written evidence and/or testimony in support of the claim.  Oral testimony will be made under oath or affirmation and is recorded.  The recording of the hearing proceedings is then transcribed and placed in the record.  You will be provided a copy of the hearing transcript.  You may not make your own video or audio recording of the hearing. 

 

NO POSTPONEMENT WILL BE GRANTED UNLESS EXTREMELY COMPELLING CIRCUMSTANCES EXIST:  If you are hospitalized for a reason which is not elective, or where the death of your parent, spouse, or child prevents attendance at the hearing, a postponement may be granted upon proper documentation.  Please contact the Final Adjudication Branch at (XXX) XXX-XXXX, if an emergency arises.  If a postponement cannot be granted, the request for a hearing will automatically convert to a request for a review of the written record.  If you do not appear at the scheduled time and place, the request for a hearing will automatically convert to a request for a review of the written record.

 

WITHDRAWAL OF REQUEST FOR HEARING:  At any time after requesting a hearing, you can request a change to review of the written record by making a written request to the Final Adjudication Branch.  Once such a change is made, no further opportunity for a hearing will be provided, and I will review the written record.

 

HEARING BY TELEPHONE:  If you would like to have a hearing by telephone, please contact the Final Adjudication Branch at (XXX) XXX-XXXX.  Any testimony presented at the telephone hearing will be made under oath or affirmation and the testimony will be recorded by a court reporter and made part of the record.  Telephone hearings cannot be conducted on cell phones.

 

REPRESENTATION:  You may designate a person to represent you to help you prepare your case and/or present your case at the hearing.  Your representative can be an attorney, but he or she need not be.  There are rules concerning the maximum fee an attorney can charge you. 

 

AFTER THE HEARING:  I will furnish a transcript of the hearing to you (at no charge) within a few weeks after the hearing.  You will then have twenty (20) days from the date it is sent to submit any comments to me.  You will also have thirty (30) days after the hearing is held to submit additional evidence or argument, unless an extension is granted.  Only one such extension may be granted.  After the hearing, I will study the record and make findings based on the evidence, including testimony taken at the hearing, and issue a written decision.