Non-Substantive Change Request for 0960-0671

Justification for the Non-Substantive Changes to the Supporting Statement for

Form HA-504, Acknowledgement of Receipt (Notice of Hearing)

Form HA-L83, Acknowledgement of Receipt (Notice of Hearing) Cover Letter

Form HA-55, Objection to Appearing by Video Teleconferencing

Form HA-510, Waiver of Written Notice of Hearing

20 CFR 404.936, 404.938, 416.1436, 416.1438

OMB No. 0960-0671

Background

Due to the published changes in our Final Rules for Setting Manner for the Appearance of Parties and Witnesses at a Hearing, RIN 0960-AI09, published on December 18, 2019 at 84 FR 692978, we are making minor revisions to the HA-55, Objection to Appearing by Video Teleconferencing, and the HA‑510, Waiver of Written Notice of Hearing.

To ensure the respondents understand our regulations regarding any objection to appearing by video teleconferencing, we are updating the language on the HA-55 to make it clear that the objection may cause a delay in the hearing. In addition, our updated regulations changed our process for providing a notice of amended or supplemental hearing, requiring us to provide the notice 20 days in advance of the hearing instead of 75 days in advance. For that purpose, we are revising the HA-510 to show the change in timing for amended or continued hearing notices, as it changes the timing for requesting the waiver for those affected by this change. For all other respondents who use the HA-510, we will continue to send the form 75 days in advance of the hearing.

Revisions to the Collection Instruments

• Change #1: We will include following sentence on the HA-55: “I understand that by objecting to appearing by video teleconference that I may experience a delay in my hearing.”

Justification #1: To serve the public better, we will include this statement to inform them that opting out of video teleconferencing may increase the time it takes to schedule an in-person hearing with an administrative law judge. We feel this change will help the public understand the consequences for objecting to a hearing by video teleconference which we already state in the HA‑L2 which is the cover letter for the HA-55.

• Change #2: On the HA-510, we will change the form to allow a choice in our system of 20 or 75 days, which the system will allow us to select when we generate the form prior to mailing it to recipients.

Justification #2: The amended regulations published in our Final Rule for Setting Manner for the Appearance of Parties and Witnesses at a Hearing, RIN 0960-AI09, will reduce the 75-day advance written notice requirement to 20 days for amended or continued hearing notices only. Therefore, we are amending our process to allow for a choice of 20 or 75 days advance notice to show this change.

These revisions will not affect the public reporting burden. We will implement these changes upon OMB approval, after the Final Rules become effective.