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CCH® UNEMPLOYMENT INSURANCE — 7/21/14

SSA finalizes rules pertaining to changes in scheduling and appearing at hearings

Tennessee has amended its Employment Security Law as follows:

The SSA has issued final rules that explain how a claimant may object to appearing at a hearing via video teleconferencing, or to the time and place of a hearing. The final rules adopt, with further clarification regarding the agency’s good cause exception, the notice of proposed rulemaking (NPRM) that it published in the Federal Register on June 27, 2013. The SSA expects that the final rules will have a minimal impact on the public, help ensure the integrity of the agency’s programs, and allow the SSA to administer its programs more efficiently. The rules become effective on July 25, 2014.

The SSA noted in the “Comments” section of the Notice of Final Rules that several commenters raised the concern that there was no “good cause” exception for extending the 30-day time period in which to object to appearing at a hearing via video teleconferencing or to object to the time and place of a hearing. The SSA agreed with these comments and stated that:

"There may be legitimate instances when a claimant may not be able to object to appearing at a hearing via video teleconferencing or to the time or place of hearing within the stated time period, including, but not limited to, serious illness or death in the family. Consistent with our other regulations that provide a good cause exception to filing deadlines, we revised the final rules to allow the ALJ to determine whether the claimant had good cause to file an objection outside the time period specified to object to appearing at a hearing via video teleconferencing or to the time and place of a hearing. The final rules state that ALJs will use the standard for good cause set forth in our current regulations at 20 CFR §404.911, §405.20, and §416.1411 to evaluate these late filings."

In response to another commenter who recommended a handout guide of the SSA’s business process for claimants who opt out of a hearing via video teleconferencing, the agency also stated that it would update, at some point in the future, its sub-regulatory authority and business processes to be consistent with the rules, and would consider whether any other resource for the public may be necessary.

For further information, contact Maren Weight, SSA, 5107 Leesburg Pike, Falls Church, VA 22041-3260, (703) 605-7100 (see 79 Fed. Reg. 35926, June 25, 2014).