§ 302.1712 - Oral presentation; initial or recommended decision.

(a) Cases to be decided on written submissions. Applications under this subpart will be decided on the basis of written submissions unless the DOT decisionmaker, on petition or on his or her own initiative, determines that an oral presentation or an administrative law judge's decision is required.

(b) Petitions for oral presentation or judge's decision. Any party may file a petition for oral evidentiary hearing, oral argument, an initial or recommended decision, or any combination of these. Petitions shall demonstrate that one or more of the criteria set forth in § 302.1770 are applicable to the issues for which an oral presentation or judge's decision is requested. Such petitions shall be supported by a detailed explanation of the following:

(1) Why the evidence or argument to be presented cannot be submitted in the form of written evidence or briefs, including an estimate of the time required for the oral presentation and the number of witnesses whom the petitioner would present;

(2) Which issues should be examined by an administrative law judge and why such issues should not be presented directly to the DOT decisionmaker for decision; and

(3) If cross-examination of any witness is desired, the name of the witness, if known, the subject matter of the desired cross-examination or the title or number of the exhibit to be cross-examined, what the petitioner expects to establish by the cross-examination, and an estimate of the time needed for it.

(c) Time for filing petitions. Petitions for an oral hearing, oral argument, or a judge's decision shall be filed as soon as practicable, but in no event later than:

(1) 52 Days after the filing of the original application in proceedings governed by § 302.1720;

(2) 35 Days after the filing of the original application in proceedings governed by § 302.1730; and

(3) 14 Days after the due date for answers in proceedings governed by § 302.1740.

(d) Stipulations. Where a stipulation of disputed facts would eliminate the need for an oral presentation or judge's decision, parties shall include in their petitions an offer to withdraw the request should the stipulation be made.