29 C.F.R. § 102.152 Further proceedings.
Title 29 - Labor
(a) Ordinarily the determination of an award will be made on the basis of the documents in the record. The administrative law judge, however, upon request of either the applicant or the General Counsel, or on his or her own initiative, may order further proceedings, including an informal conference, oral argument, additional written submissions or an evidentiary hearing. An evidentiary hearing shall be held only when necessary for resolution of material issues of fact. (b) A request that the administrative law judge order further proceedings under this section shall specifically identify the disputed issues and the evidence sought to be adduced, and shall explain why the additional proceedings are necessary to resolve the issues. (c) An order of the administrative law judge scheduling further proceedings shall specify the issues to be considered. (d) Any evidentiary hearing held pursuant to this section shall be open to the public and shall be conducted in accordance with §§102.30 to 102.44 of these rules, except §§102.33, 102.34 and 102.38. (e) Rulings of the administrative law judge shall be reviewable by the Board only in accordance with the provisions of §102.26.
Title 29: Labor
PART 102—RULES AND REGULATIONS, SERIES 8
Subpart T—Awards of Fees and Other Expenses
§ 102.152 Further proceedings.
