34 CFR §81.6

1. (a)A hearing on the record is a process for the orderly presentation of evidence and arguments by the parties.
2. (b)Except as otherwise provided in this part or in a notice of designation under § 81.3(b), an ALJ conducts the hearing entirely on the basis of briefs and other written submissions unless—
   1. (1)The ALJ determines, after reviewing all appropriate submissions, that an evidentiary hearing is needed to resolve a material factual issue in dispute; or
   2. (2)The ALJ determines, after reviewing all appropriate submissions, that oral argument is needed to clarify the issues in the case.
3. (c)At a party's request, the ALJ shall confer with the parties in person or by conference telephone call before determining whether an evidentiary hearing or an oral argument is needed.