(a) All documents transmitted to the Office of Administrative Law
Judges under Sec. 725.421 shall be placed into evidence by the
administrative law judge, subject to objection by any party.
(b)(1) Documentary evidence pertaining to the liability of a
potentially liable operator and/or the identification of a responsible
operator which was not submitted to the district director shall not be
admitted into the hearing record in the absence of extraordinary
circumstances. Medical evidence in excess of the limitations contained
in Sec. 725.414 shall not be admitted into the hearing record in the
absence of good cause.
(2) Subject to the limitations in paragraph (b)(1) of this section,
any other documentary material, including medical reports, which was
not submitted to the district director, may be received in evidence
subject to the objection of any party, if such evidence is sent to all
other parties at least 20 days before a hearing is held in connection
with the claim.
(3) Documentary evidence, which is not exchanged with the parties
in accordance with this paragraph, may be admitted at the hearing with
the written consent of the parties or on the record at the hearing, or
upon a showing of good cause why such evidence was not exchanged in
accordance with this paragraph. If documentary evidence is not
exchanged in accordance with paragraph (b)(2) of this section and the
parties do not waive the 20-day requirement or good cause is not shown,
the administrative law judge shall either exclude the late evidence
from the record or remand the claim to the district director for
consideration of such evidence.
(4) A medical report which is not made available to the parties in
accordance with paragraph (b)(2) of this section shall not be admitted
into evidence in any case unless the hearing record is kept open for at
least 30 days after the hearing to permit the parties to take such
action as each considers appropriate in response to such evidence. If,
in the opinion of the administrative law judge, evidence is withheld
from the parties for the purpose of delaying the adjudication of the
claim, the administrative law judge may exclude such evidence from the
hearing record and close the record at the conclusion of the hearing.
(c) Subject to paragraph (b) of this section, documentary evidence
which the district director excludes from the record, and the
objections to such evidence, may be submitted by the parties to the
administrative law judge, who shall independently determine whether the
evidence shall be admitted.
(1) If the evidence is admitted, the administrative law judge may,
in his or her discretion, remand the claim to the district director for
further consideration.
(2) If the evidence is admitted, the administrative law judge shall
afford the opposing party or parties the opportunity to develop such
additional documentary evidence as is necessary to protect the right of
cross-examination.
(d) All medical records and reports submitted by any party shall be
considered by the administrative law judge in accordance with the
quality standards contained in part 718 of this subchapter.
(e) If the administrative law judge concludes that the complete
pulmonary evaluation provided pursuant to Sec. 725.406, or any part
thereof, fails to comply with the applicable quality standards, or
fails to address the relevant conditions of entitlement (see
Sec. 725.202(d)(2)(i) through (iv)) in a manner which permits
resolution of the claim, the administrative law judge shall, in his or
her discretion, remand the claim to the district director with
instructions to develop only such additional evidence as is required,
or allow the parties a reasonable time to obtain and submit such
evidence, before the termination of the hearing.
