§  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 her own initiative, the presiding officer 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 presiding officer 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;  85 FR 63184 , Oct. 6, 2020]