29 CFR §1902.18

1. (a)Whenever an informal hearing has been held under §§ 1902.11 and 1902.13, any evidence submitted in such a hearing shall be considered and may be relied upon whenever it is found that no party will be prejudiced thereby because
   1. (1)Of a lack of an opportunity for cross-examination afforded in the informal hearing on the issues involved, or
   2. (2)The veracity and demeanor of witnesses are not important with respect to the type of evidence involved (e.g., extensive technical or statistical data), or
   3. (3)For any other reason.
2. (b)Any written comments received in response to a notice issued under § 1902.11 shall be a part of the record of the proceeding.
3. (c)Whenever a formal hearing has been held under § 1902.14 the Assistant Secretary shall hold no additional hearing, and shall proceed to issue a tentative decision under § 1902.21.