(1) The appellate officer may order an oral hearing under paragraphs (h)(2) and (m)(3)(i) 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 best be resolved through the oral hearing process.
(2) After ordering an oral hearing, the appellate officer will:
(i) Provide the appellant with notification that an oral hearing has been ordered.
(ii) Provide the appellant with a statement of issues to be determined at hearing.
(iii) Provide the appellant with notification, at least 30 days in advance, of the place, date, and time of the oral hearing. Oral hearings will be held in Juneau, AK, at the prescribed date and time, unless the appellate officer determines, based upon good cause shown, that a different place, date, or time will better serve the interests of justice. A continuance of the oral hearing may be ordered at the sole discretion of the appellate officer if the appellant shows good cause for the continuance.
(3) The appellate officer may, either at his/her own discretion or on the motion of the appellant, order a pre-hearing conference, either in person or telephonically, to consider:
(i) The simplification of issues.
(ii) The possibility of obtaining stipulations, admissions of facts, and agreements to the introduction of documents.
(iii) The possibility of settlement or other means to facilitate resolution of the case.
(iv) Such other matters as may aid in the disposition of the proceedings.
(4) The appellate officer must provide the appellant with notification of a pre-hearing conference, if one is ordered, at least 30 days in advance of the conference. All action taken at the pre-hearing conference will be made part of the record.
(5) At the beginning of the oral hearing, the appellate officer may first seek to obtain stipulations as to material facts and the issues involved and may state any other issues on which he/she may wish to have evidence presented. Issues to be resolved at the hearing will be limited to those identified by the appellate officer as provided in paragraph (g)(3) of this section. The appellant will then be given an opportunity to present his/her case.
(6) During the oral hearing, the appellant has the right to present reliable and material oral or documentary evidence and to conduct such cross-examination as may be required in the interests of justice.
(7) After the conclusion of the oral hearing, the appellant may be given time by the appellate officer to submit any supplementary information that may assist in the resolution of the case.
(8) 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.