[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR13.25]



[Page 71]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 13_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY 

PROCEEDINGS--Table of Contents

 

            Subpart C_Procedures for Considering Applications

 

Sec.  13.25  Further proceedings.



    (a) Ordinarily, a decision on an application will be made on the 

basis of the hearing record and pleadings related to the application. 

However, at the request of either the applicant or the agency's 

litigating party, or on his or her own initiative, the adjudicative 

officer may order further proceedings, including an informal conference, 

oral argument, additional written submissions, 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. In no such further 

proceeding shall evidence be introduced from outside the administrative 

record in order to prove that the Department's position was, or was not, 

substantially justified.

    (b) A request that the adjudicative officer order additional written 

submissions or oral testimony shall identify the information sought and 

shall explain why the information is necessary to decide the issues.

    (c) The adjudicative officer may impose sanctions on any party for 

failure to comply with his or her order to file pleadings, produce 

documents, or present witnesses for oral examination. These sanctions 

may include but are not limited to granting the application partly or 

completely, dismissing the application, and diminishing the award 

granted.



[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]