Sec.  1.1526   Further proceedings.

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