Hearings. The appellate officer will review the applicant's appeal and request for hearing, and has discretion to proceed as follows:
(1) Deny the appeal;
(2) Issue a decision on the merits of the appeal, if the record contains sufficient information on which to reach final judgment; or
(3) Order that a hearing be conducted. The appellate officer may so order only if the appeal demonstrates the following:
(i) There is a genuine and substantial issue of adjudicative fact for resolution at a hearing. A hearing will not be ordered on issues of policy or law.
(ii) The factual issue can be resolved by available and specifically identified reliable evidence. A hearing will not be ordered on the basis of mere allegations or denials or general descriptions of positions and contentions.
(iii) The evidence described in the request for hearing, if established at hearing, would be adequate to justify resolution of the factual issue in the way sought by the applicant. A hearing will not be ordered if the evidence described is insufficient to justify the factual determination sought, even if accurate.
(iv) Resolution of the factual issue in the way sought by the applicant is adequate to justify the action requested. A hearing will not be ordered on factual issues that are not determinative with respect to the action requested.


50 CFR § 679.43

Scoping language

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.

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