Section 404.938 - Notice of a hearing before an administrative law judge(a)Issuing the notice. After we set the time and place of the hearing, we will mail notice of the hearing to you at your last known address, or give the notice to you by personal service, unless you have indicated in writing that you do not wish to receive this notice. We will mail or serve the notice at least 75 days before the date of the hearing.(b)Notice information. The notice of hearing will tell you: (1) The specific issues to be decided in your case;(2) That you may designate a person to represent you during the proceedings;(3) How to request that we change the time or place of your hearing;(4) That your hearing may be dismissed if neither you nor the person you designate to act as your representative appears at your scheduled hearing without good reason under § 404.957 ;(5) The time and manner(s) in which you, or any other party or witness, will appear. If we schedule you to appear in person or by agency video, as set forth in § 404.936 , the notice of hearing will tell you the place of the hearing.(6) That you must make every effort to inform us about or submit all written evidence that is not already in the record no later than 5 business days before the date of the scheduled hearing, unless you show that your circumstances meet the conditions described in § 404.935(b) ; and(7) Any other information about the scheduling and conduct of your hearing.(c)Acknowledging the notice of hearing. The notice of hearing will ask you to return a form to let us know that you received the notice. If you or your representative do not acknowledge receipt of the notice of hearing, we will attempt to contact you for an explanation. If you tell us that you did not receive the notice of hearing, an amended notice will be sent to you by certified mail.(d)Amended notice of hearing or notice of supplemental hearing. If we need to send you an amended notice of hearing, we will mail or serve the notice at least 20 days before the date of the hearing. Similarly, if we schedule a supplemental hearing, after the initial hearing was continued by the assigned administrative law judge, we will mail or serve a notice of hearing at least 20 days before the date of the hearing. 68 FR 5219 , Feb. 3, 2003, as amended at 75 FR 39160 , July 8, 2010; 78 FR 29627 , May 21, 2013; 79 FR 35932 , June 25, 2014; 81 FR 90993 , Dec. 16, 2016; 84 FR 69306 , Dec. 18, 2019 81 FR 90993 , 1/17/2017; 84 FR 69306 , 1/17/2020; 89 FR 68362 , 11/23/2024