§  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]