[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2704.306]

[Page 660-661]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2704--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS--Table of Contents
 
           Subpart C--Procedures for Considering Applications
 
Sec. 2704.306  Further proceedings on the application.

    (a) The determination of an award will be made on the basis of the 
record made during the proceeding for which fees and expenses are 
sought, except as provided in paragraphs (b) and (c) of this section.
    (b) On request of either the applicant or the Secretary, or on the 
administrative law judge's own initiative, the judge may order further 
proceedings, such as an informal conference, oral argument, additional 
written submissions or, as to issues other than substantial 
justification (such as the applicant's eligibility or substantiation of 
fees and expenses), pertinent discovery 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 as promptly as possible.
    (c) If the proceeding for which fees and expenses are sought was 
conceded by the Secretary on the merits, withdrawn by the Secretary, or 
otherwise settled before any of the merits were heard, the applicant and 
the Secretary may supplement the administrative record with affidavits 
or other documentary evidence.

[[Page 661]]

    (d) A request that the judge order further proceedings under this 
section shall specifically identify the information sought on the 
disputed issues and shall explain why the additional proceedings are 
necessary to resolve the issues.

[54 FR 6286, Feb. 9, 1989]