Section 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) , 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. Authority: 5 U.S.C. 556(d) ; 20 U.S.C. 1221e-3 , 1234(f)(1) , and 3474