(a) If, during the course of the formal hearing, the evidence
presented warrants consideration of an issue or issues not previously
considered, the hearing may be expanded to include the new issue. If in
the opinion of the administrative law judge the new issue requires
additional time for preparation, the parties shall be given a reasonable
time within which to prepare for it. If the new issue arises from
evidence that has not been considered by the district director, and such
evidence is likely to resolve the case without the need for a formal
hearing, the administrative law judge may remand the case to the
district director for his or her evaluation and recommendation pursuant
to, Sec. 702.316.
(b) At any time prior to the filing of the compensation order in the
case, the administrative law judge may in his discretion, upon the
application of a party or upon his own motion, give notice that he will
consider any new issue. The parties shall be given not less than 10
days' notice of the hearing on such new issue. The parties may stipulate
that the issue may be heard at an earlier time and shall proceed to a
hearing on the new issue in the same manner as on an issue initially
considered.
[38 FR 26861, Sept. 26, 1973, as amended at 42 FR 42552, Aug. 23, 1977]
