(a) The FAB reviewer retains complete discretion to set the time
and place of the hearing, including the amount of time allotted for the
hearing, considering the issues to be resolved. At the discretion of
the reviewer, the hearing may be conducted by telephone or
teleconference. In addition to the evidence of record, the claimant may
submit new evidence to the reviewer.
(b) Unless otherwise directed in writing by the claimant, the FAB
reviewer will mail a notice of the time and place of the hearing to the
claimant and any representative at least 30 days before the scheduled
date. This notice will also include a listing of the issues to be
addressed during the hearing. If the claimant only objects to a part of
the recommended decision, the FAB reviewer may issue a decision
affirming the remaining part of the recommended decision without first
holding a hearing (see Sec. 30.316).
(c) The hearing is an informal process, and the reviewer is not
bound by common law or statutory rules of evidence, or by technical or
formal rules of procedure. The reviewer may conduct the hearing in such
manner as to best ascertain the rights of the claimant. During the
hearing process, the claimant may state his or her arguments and
present new written evidence and/or testimony in support of the claim.
(d) Testimony at hearings is recorded, then transcribed and placed
in the record. Oral testimony shall be made under oath.
(e) The FAB reviewer will furnish a transcript of the hearing to
the claimant, who has 20 days from the date it is sent to submit any
comments to the reviewer.
(f) The claimant will have 30 days after the hearing is held to
submit additional evidence or argument, unless the reviewer, in his or
her sole discretion, grants an extension. Only one such extension may
be granted.
(g) The reviewer determines the conduct of the hearing and may
terminate the hearing at any time he or she determines that all
relevant evidence has been obtained, or because of misbehavior on the
part of the claimant and/or representative at or near the place of the
oral presentation.
