[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR30.315]

[Page 97-98]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
CHAPTER I--OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR
 
PART 30_CLAIMS FOR COMPENSATION UNDER THE ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION PROGRAM ACT OF 2000, AS AMENDED--Table of Contents
 
                     Subpart D_Adjudicatory Process
 
Sec. 30.315  May a claimant postpone a hearing?

    (a) The FAB will entertain any reasonable request for scheduling the 
hearing, but such requests should be made at the time the hearing is 
requested. Scheduling is at the sole discretion of the FAB reviewer, and 
is not reviewable. Once the hearing is scheduled and appropriate written 
notice has been mailed, it cannot be postponed at the claimant's request 
for any reason except those stated in paragraph (b) of this section, 
unless the FAB reviewer can reschedule the hearing on the same docket 
(that is, during the same hearing trip). When the request to postpone a 
scheduled hearing does not meet one of the tests of paragraph (b) of 
this section and cannot be accommodated on the same docket, no further 
opportunity for a hearing will be provided. Instead, the FAB will 
consider the

[[Page 98]]

claimant's objections by means of a review of the written record. In the 
alternative, a teleconference may be substituted for the hearing at the 
discretion of the reviewer.
    (b) Where the claimant is hospitalized for a reason which is not 
elective, or where the death of the claimant's parent, spouse, or child 
prevents attendance at the hearing, a postponement may be granted upon 
proper documentation.
    (c) At any time after requesting a hearing, the claimant can request 
a change to a review of the written record by making a written request 
to the FAB. Once such a change is made, no further opportunity for a 
hearing will be provided.