(a) General rule. The determination of a recommended award shall
be made by the administrative law judge on the basis of the written
record of the adversary adjudication, including any supporting affidavits
submitted in connection with the application, unless, on the motion
of either the applicant or Board counsel, or sua sponte, the administrative
law judge or the Board orders further proceedings to amplify the record
such as an informal conference, oral argument, additional written
submissions, or an evidentiary hearing. Such further proceedings shall
be held only when necessary for full and fair resolution of the issues
arising from the application and shall be conducted promptly and expeditiously.
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(b) Request for further proceedings. A request for further proceedings under this section shall specifically
identify the information sought or the issues in dispute and shall
explain why additional proceedings are necessary.
(c) Hearing. The administrative
law judge shall hold an oral evidentiary hearing only on disputed
issues of material fact which cannot be adequately resolved through
written submissions.
