[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR1210.19]

[Page 94]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
               CHAPTER II--MERIT SYSTEMS PROTECTION BOARD
 
PART 1210_DEPARTMENT OF HOMELAND SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM--
 
Subpart B_Procedures for Appeals of Actions Taken Under 5 CFR Part 9701, 
                                Subpart F
 
Sec. 1210.19  Right to a hearing.

    (a) An employee with a right of appeal under subparts F and G of 5 
CFR part 9701 generally has a right to a hearing. When the adjudicating 
official finds that material facts are not in dispute, he or she must 
issue an initial decision without conducting a hearing, as appropriate. 
See 1210.20(e).
    (b) Where the appellant requests a hearing and summary judgment is 
not appropriate, the adjudicating official may, in his or her 
discretion, hold the hearing in whole or in part by telephone, 
videoconference, or in person at the Board's regional or field office or 
at a designated hearing site listed at 5 CFR part 1201, Appendix III. 
Although the preferences of the parties and the nature of the issues to 
be heard and determined will inform the adjudicating official's 
decision, the ultimate selection rests in the sound judgment of the 
official. Among the factors that the adjudicating official will consider 
in deciding whether to hold a hearing in whole or in part by 
videoconference or telephone are:
    (1) The costs of traveling to the hearing site as compared with the 
costs of traveling to a videoconferencing site;
    (2) The distance the parties and their witnesses would have to 
travel to appear in person; and
    (3) Whether appearance by videoconference or telephone of the 
appellant or his or her witnesses would unduly prejudice the appellant.