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Content Last Revised: 5/25/01
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 20  

Employees' Benefits

 

Chapter I  

Office of Workers' Compensation Programs, Department of Labor

 

 

Part 30  

Compensation for Disability and Death of Noncitizen Federal Employees Outside the United States

 

 

 

Subpart D  

Adjudicatory Process


20 CFR 30.315 - May a claimant postpone a hearing?

  • Section Number: 30.315
  • Section Name: May a claimant postpone a hearing?

    (a) The FAB will entertain any reasonable request for scheduling 
the hearing, but such requests should be made at the time of the 
hearing request described in Sec. 30.310(b). Scheduling is at the sole 
discretion of the FAB reviewer, and is not reviewable. Once the hearing 
is scheduled and appropriate written notice has been mailed, the 
hearing cannot be postponed at the claimant's request for any reason 
except those stated in paragraph (b) of this section, unless the FAB 
reviewer can reschedule the hearing on the same docket (that is, during 
the same hearing trip). When the request to postpone a scheduled 
hearing does not meet the test of paragraph (b) of this section and 
cannot be accommodated on the docket, no further opportunity for a 
hearing will be provided. Instead, the claimant's specified objections 
will be considered by means of a review of the written record. In the 
alternative, a teleconference may be substituted for the hearing at the 
discretion of the reviewer.
    (b) Where the claimant is hospitalized for a reason which is not 
elective, or where the death of the claimant's parent, spouse, or child 
prevents attendance at the hearing, a postponement may be granted upon 
proper documentation.
    (c) At any time after requesting a hearing, the claimant can 
request a change to a review of the written record by making a written 
request to the FAB. Once such a change is made, no further opportunity 
for a hearing will be provided.
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