§ 81.6. Hearing on the record.
139 words·~1 min read·
/us/cfr/t34/s§ 81.6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A hearing on the record is a process for the orderly presentation of evidence and arguments by the parties.
(b)Except as otherwise provided in this part or in a notice of designation under § 81.3(b), an ALJ conducts the hearing entirely on the basis of briefs and other written submissions unless---
(1)The ALJ determines, after reviewing all appropriate submissions, that an evidentiary hearing is needed to resolve a material factual issue in dispute; or
(2)The ALJ determines, after reviewing all appropriate submissions, that oral argument is needed to clarify the issues in the case.
(c)At a party's request, the ALJ shall confer with the parties in person or by conference telephone call before determining whether an evidentiary hearing or an oral argument is needed. (Authority: 5 U.S.C. 556(d); 20 U.S.C. 1221e-3, 1234(f)(1), and 3474)
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