Goto Section: 1.1525 | 1.1527 | Table of Contents
Revised as of October 26, 2020
Goto Year:2020 |
§ 1.1526 Further proceedings.
Link to an amendment published at 85 FR 63184 , Oct. 6, 2020.
(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 his or her own initiative, the Administrative Law
Judge 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 Administrative Law Judge 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]
Goto Section: 1.1525 | 1.1527
Goto Year: 2020 |
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