Sec. 1.1526  Further proceedings.

    (a) Ordinarily, the determination of an award will be made on the 
basis of

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the written record. However, on request of either the applicant or 
Bureau counsel, or on his or her own initiative, the Administrative Law 
Judge may order further proceedings, such as an informal conference, 
oral argument, additional written submissions or, as to issues other 
than excessive demand or substantial justification, 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. Whether or not the position 
of the agency embodied an excessive demand or was substantially 
justified shall be determined on the basis of the administrative record, 
as a whole, which is made in the adversary adjudication for which fees 
and other expenses are sought.
    (b) A request that the Administrative Law Judge order further 
proceedings under this section shall specifically identify the 
information sought or the disputed issues and shall explain why the 
additional proceedings are necessary to resolve the issues.
[ 47 FR 3786 , Jan. 27, 1982, as amended at  52 FR 11653 , Apr. 10, 1987;  61 FR 39899 , July 31, 1996]