[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2704.306]

[Page 724-725]
 
                             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,

[[Page 725]]

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conceded by the Secretary on the merits, withdrawn by the Secretary, or 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.
    (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]