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(a) The Secretary of Labor shall determine and make a finding of facts
and make an award for or against payment of compensation under this
subchapter after--
(1) considering the claim presented by the beneficiary and the report
furnished by the immediate superior; and
(2) completing such investigation as he considers necessary.
(b)(1) Before review under section 8128(a) of this title, a claimant for
compensation not satisfied with a decision of the Secretary under
subsection (a) of this section is entitled, on request made within 30 days
after the date of the issuance of the decision, to a hearing on his claim
before a representative of the Secretary. At the hearing, the claimant is
entitled to present evidence in further support of his claim. Within 30
days after the hearing ends, the Secretary shall notify the claimant in
writing of his further decision and any modifications of the award he may
make and of the basis of his decision.
(2) In conducting the hearing, the representative of the Secretary is
not bound by common law or statutory rules of evidence, by technical or
formal rules of procedure, or by section 554 of this title except as
provided by this subchapter, but may conduct the hearing in such manner as
to best ascertain the rights of the claimant. For this purpose, he shall
receive such relevant evidence as the claimant adduces and such other
evidence as he determines necessary or useful in evaluating the claim.
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