---
kind: "section"
citation: "34 C.F.R. § 81.6"
title: "34"
number: "81.6"
heading: "Hearing on the record."
url: "https://uscodex.org/cfr/34/81.6"
---

# §81.6. Hearing on the record.

- (a) A hearing on the record is a process for the orderly presentation of evidence and arguments by the parties.
- (b) Except as otherwise provided in this part or in a notice of designation under [§ 81.3(b)](/cfr/34/81.3.md?p=b), an ALJ conducts the hearing entirely on the basis of briefs and other written submissions unless—
  - (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) The ALJ determines, after reviewing all appropriate submissions, that oral argument is needed to clarify the issues in the case.
- (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.

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless otherwise noted.

### Source

Source: 54 FR 19512, May 5, 1989, unless otherwise noted.