[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR81.6]

[Page 230]
 
                           TITLE 34--EDUCATION
 
PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 81.6  Hearing on the record.

    (a) A hearing on the record is a process for the orderly 
presentation of evidence and arguments by the parties.
    (b) Except as otherwise provided in this part or in a notice of 
designation under Sec. 81.3(b), an ALJ conducts the hearing entirely on 
the basis of briefs and other written submissions unless--
    (1) The ALJ determines, after reviewing all appropriate submissions, 
that an evidentiary hearing is needed to resolve a material factual 
issue in dispute; or
    (2) The ALJ determines, after reviewing all appropriate submissions, 
that oral argument is needed to clarify the issues in the case.
    (c) At a party's request, the ALJ shall confer with the parties in 
person or by conference telephone call before determining whether an 
evidentiary hearing or an oral argument is needed.

Authority: 5 U.S.C. 556(d); 20 U.S.C. 1221e-3, 1234(f)(1), and 3474)