(a) In any claim for which a formal hearing is requested or
ordered, and with respect to which the district director has completed
evidentiary development and adjudication without having resolved all
contested issues, the district director shall refer the claim to the
Office of Administrative Law Judges for a hearing.
(b) In any case referred to the Office of Administrative Law Judges
under this section, the district director shall transmit to that office
the following documents, which shall be placed in the record at the
hearing subject to the objection of any party:
(1) Copies of the claim form or forms;
(2) Any statement, document, or pleading submitted by a party to
the claim;
(3) A copy of the notification to an operator of its possible
liability for the claim, and any schedule for the submission of
additional evidence issued pursuant to Sec. 725.410 designating a
potentially liable operator as the responsible operator;
(4) All medical evidence submitted to the district director under
this part by the claimant and the potentially liable operator
designated as the responsible operator in the proposed decision and
order issued pursuant to Sec. 725.418, or the fund, as appropriate,
subject to the limitations of Sec. 725.414 of this part; this evidence
shall include the results of any medical examination or test conducted
pursuant to Sec. 725.406, and all evidence relevant to the liability of
the responsible operator submitted to the district director under this
part;
(5) Any written stipulation of law or fact or stipulation of
contested and uncontested issues entered into by the parties;
(6) Any pertinent forms submitted to the district director;
(7) The statement by the district director of contested and
uncontested issues in the claim; and
(8) The district director's initial determination of eligibility or
other documents necessary to establish the right of the fund to
reimbursement, if appropriate. Copies of the transmittal notice shall
also be sent to all parties to the claim by regular mail.
(c) A party may at any time request and obtain from the district
director copies of documents transmitted to the Office of
Administrative Law Judges under paragraph (b) of this section. If the
party has previously been provided with such documents, additional
copies
may be sent to the party upon the payment of a copying fee to be
determined by the district director.
