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Q:  Can additional documents or written arguments be filed during or after the appeal hearing?


You must make every effort to produce documents and file written arguments as scheduled by the Administrative Law Judge (ALJ). If you or the Department fails to comply with a scheduling letter or established timelines, the ALJ may decline to consider arguments or documents submitted after the scheduled timelines. But if you find you need to file additional material and the ALJ allows you to do so, such material usually must be submitted within 30 days after the hearing, unless good cause is shown for additional time. The Department would then have 15 days to respond to the new material. ALJs also have the discretion to allow additional time for further fact finding, including scheduling an additional hearing, as necessary in a particular case.

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