---
kind: "section"
citation: "29 C.F.R. § 1902.18"
title: "29"
number: "1902.18"
heading: "Previous hearing or other opportunity for comment on plan."
url: "https://uscodex.org/cfr/29/1902.18"
---

# §1902.18. Previous hearing or other opportunity for comment on plan.

- (a) Whenever an informal hearing has been held under §§ [1902.11](/cfr/29/1902.11.md) and [1902.13](/cfr/29/1902.13.md), 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) Of a lack of an opportunity for cross-examination afforded in the informal hearing on the issues involved, or
  - (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) **For any other reason.**
- (b) Any written comments received in response to a notice issued under [§ 1902.11](/cfr/29/1902.11.md) shall be a part of the record of the proceeding.
- (c) Whenever a formal hearing has been held under [§ 1902.14](/cfr/29/1902.14.md) the Assistant Secretary shall hold no additional hearing, and shall proceed to issue a tentative decision under [§ 1902.21](/cfr/29/1902.21.md).

## Notes

### Authority

Authority: Sec. 18, 84 Stat. 1608 (29 U.S.C. 667); Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

### Source

Source: 36 FR 20751, Oct. 29, 1971, unless otherwise noted.