(1) An appellate officer may order a written hearing under paragraph (h)(1) of this section if he/she:
(i) Orders a hearing as provided in paragraph (g)(3) of this section; and
(ii) Determines that the issues to be resolved at hearing can be resolved by allowing the appellant to present written materials to support his/her position.
(2) After ordering a written hearing, the appellate officer will:
(i) Provide the appellant with notification that a written hearing has been ordered.
(ii) Provide the appellant with a statement of issues to be determined at hearing.
(iii) Provide the appellant with 30 days to file a written response. The appellant may also provide documentary evidence to support his/her position. The period to file a written response may be extended at the sole discretion of the appellate officer, if the appellant shows good cause for the extension.
(3) The appellate officer may, after reviewing the appellant's written response and documentary evidence:
(i) Order that an oral hearing be held, as provided in paragraph (h)(2) of this section, to resolve issues that cannot be resolved through the written hearing process;
(ii) Request supplementary evidence from the appellant before closing the record; or
(iii) Close the record.
(4) The appellate officer will close the record and issue a decision after determining that the information on the record is sufficient to render a decision.
50 CFR § 679.43
General. This section describes the procedure for appealing initial administrative determinations made in this title under parts 300, 679, 680, and subpart E of part 300 of this chapter.