When a party in an administrative appeal asks for an oral hearing, when must the committee hold one, and how is the party told of the outcome?
General information · Not legal advice
Material to check
In a practice file we read the party's application asking for an oral hearing, the date it reached the committee, and the committee's notice to the applicant on whether the application was allowed, since the provision turns on the application having been made and on the notification that follows.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading sets out the whole chain: the hearing of an administrative appeal is held either orally or in writing, but where a party has applied for an oral hearing the committee must hold one unless it finds that a decision on written materials alone is enough, and having received such an application the committee decides whether to allow it and tells the applicant.
Another reading focuses on the notification itself, which the provision allows to be given by a simplified method of notice, so the committee's decision on a party's application may reach the applicant in a brief form, leaving the file to show what was actually sent and received.
Your judgment
What in the papers could show that a decision on written materials alone was enough after the party had applied for an oral hearing?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change when an oral hearing must be held or how the applicant must be notified, or if a decision explains what makes written materials alone sufficient.