(a) The hearing representative will review the official record and
any additional evidence submitted by the claimant and by the agency. The
hearing representative may also conduct whatever investigation is deemed
necessary. New evidence and arguments are to be submitted at any time up
to the time specified by OWCP, but they should be submitted as soon as
possible to avoid delaying the hearing process.
(b) The claimant should submit, with his or her application for
review, all evidence or argument that he or she wants to present to the
hearing representative. A copy of all pertinent material will be sent to
the employer, which will have 20 days from the date it is sent to
comment. (Medical evidence is not considered ``pertinent'' for review
and comment by the agency, and it will therefore not be furnished to the
agency. OWCP has sole responsibility for evaluating medical evidence.)
The employer shall send any comments to the claimant, who will have 20
more days from the date of the agency's certificate of service to
comment.
