34 CFR 81.6 : Education (Parts 1-2 To Parts 1201-1299) — (Parts 1-2 To § 299.12) — Office Of The Secretary, Department Of Education (Parts 1-2 To Appendix A To Part 99) — (Parts 1-2 To Appendix A To Part 99) — General Education Provisions Act - Enforcement (§ 81.1 To Appendix To Part 81) — General Provisions (§ 81.1 To § 81.20) — Hearing on the record.

(a) A hearing on the record is a process for the orderly presentation of evidence and arguments by the parties.

(b) Except as otherwise provided in this part or in a notice of designation under § 81.3(b), an ALJ conducts the hearing entirely on the basis of briefs and other written submissions unless -

(1) The ALJ determines, after reviewing all appropriate submissions, that an evidentiary hearing is needed to resolve a material factual issue in dispute; or

(2) The ALJ determines, after reviewing all appropriate submissions, that oral argument is needed to clarify the issues in the case.

(c) At a party's request, the ALJ shall confer with the parties in person or by conference telephone call before determining whether an evidentiary hearing or an oral argument is needed.