4.1286—Request for hearings.
(a)
Any party may file a motion that the Board refer a case to an administrative law judge for a hearing. The motion must state:
(2)
What evidence concerning these issues must be presented by oral testimony, or be subject to cross-examination;
(b)
In response to a motion under paragraph (a) of this section or on its own initiative, the Board may order a hearing if there are:
(2)
Significant factual or legal issues remaining to be decided and the record without a hearing would be insufficient for resolving them.
(iii)
A decision that will be final for the Department unless a notice of appeal is filed in accordance with § 4.411.
(1)
Suspend the effectiveness of the decision under review pending a final Departmental decision on the appeal if it finds good cause to do so;
(3)
Authorize the parties to agree to additional issues that are material, with the approval of the administrative law judge.
(e)
The hearing will be conducted under §§ 4.1100, 4.1102 through 4.1115, 4.1121 through 4.1127, and 4.1130 through 4.1141. Unless the Board orders otherwise, the administrative law judge may consider other relevant issues and evidence identified after referral of the case for a hearing.