Goto Section: 1.1525 | 1.1527 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1526 Further proceedings.
(a) Ordinarily, the determination of an award will be made on the basis
of the written record. However, on request of either the applicant or
Bureau counsel, or on her own initiative, the presiding officer may
order further proceedings, such as an informal conference, oral
argument, additional written submissions or, as to issues other than
excessive demand or substantial justification, 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 as promptly as possible. Whether or not the position of
the agency embodied an excessive demand or was substantially justified
shall be determined on the basis of the administrative record, as a
whole, which is made in the adversary adjudication for which fees and
other expenses are sought.
(b) A request that the presiding officer order further proceedings
under this section shall specifically identify the information sought
or the disputed issues and shall explain why the additional proceedings
are necessary to resolve the issues.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987;
61 FR 39899 , July 31, 1996; 85 FR 63184 , Oct. 6, 2020]
Goto Section: 1.1525 | 1.1527
Goto Year: 2020 |
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