CFR > Title 20 - Employees' Benefits > CHAPTER III—SOCIAL SECURITY ADMINISTRATION > PART 410—FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV—BLACK LUNG BENEFITS (1969-) > SUBPART F—Determinations of Disability, Other Determinations, Administrative Review, Finality of Decisions, and Representation of Parties (§410.601 to §410.699a) > 410.696—Evidence admissible on review.

410.696—Evidence admissible on review.

(a) General. Evidence in addition to that introduced at the hearing before the hearing officer may not be admitted except where it appears to the Appeals Council that the evidence is relevant and material to an issue before it, and subject to the provisions in this section.
(b) Individual charged filed answer. Where it appears to the Appeals Council that additional relevant material is available and the individual charged filed an answer to the charges (see § 410.689 ), the Appeals Council shall require the production of such evidence and may designate a hearing officer or member of the Appeals Council to receive such evidence. Before additional evidence is admitted into the record, notice that evidence will be received with respect to certain issues shall be mailed to the parties, and each party shall be given a reasonable opportunity to comment on such evidence and to present other evidence which is relevant and material to the issues unless such notice is waived.
(c) Individual charged did not file answer. Where the individual charged filed no answer to the charges (see § 410.689 ), evidence in addition to that introduced at the hearing before the hearing officer may not be admitted by the Appeals Council.