§ 4.703 Hearings procedures.

(a) Appointment of hearing official. The Director may appoint a presiding officer to consider a hearing referral or a properly filed hearing request and conduct a hearing. The appointed presiding officer will be an ALJ for any matter where a formal hearing is required under the Administrative Procedure Act, 5 U.S.C. 554, or other statute. For all other hearings, the Director may appoint an ALJ or other presiding officer.

(b) Action on hearing requests. The Director or presiding officer will review the record and take one of the following actions:

(1) Conduct a hearing on the basis of the record pursuant to paragraph (d) of this section;

(2) Schedule and conduct a hearing and any necessary prehearing procedures as appropriate and necessary to resolve the matter; or,

(3) Make other disposition of the case.

(c) General procedures. All hearings may be governed as appropriate and practicable by subpart C of this part, except where specific rules or other hearing procedures are provided by law or regulation.

(d) Hearings based on the record. The Director or presiding officer may conduct a hearing on the basis of the written record if permitted by the regulation giving rise to the hearing right, and when the Director or presiding officer determines that the written record is sufficient to resolve the factual disputes raised in the hearing request.

(e) Administrative Wage Garnishment Hearings. Administrative Wage Garnishment hearings are governed by 31 CFR 285.11, and any applicable OHA Standing Orders.

(f) National Indian Gaming Commission appeals. In those matters where the National Indian Gaming Commission (NIGC) requests that the Director provide a presiding official under 25 CFR 584.6, the Director will appoint an OHA official to conduct a hearing and issue a recommended decision.