---identifier: "/us/cfr/t20/s725.452"source: "ecfr"legal_status: "authoritative_unofficial"title: "20 CFR § 725.452 - Type of hearing; parties."title_number: 20title_name: "Employees' Benefits"section_number: "725.452"section_name: "Type of hearing; parties."chapter_name: "OFFICE OF WORKERS' COMPENSATION PROGRAMS, DEPARTMENT OF LABOR"subchapter_number: "B"subchapter_name: "FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED"part_number: "725"part_name: "CLAIMS FOR BENEFITS UNDER PART C OF TITLE IV OF THE FEDERAL MINE SAFETY AND HEALTH ACT, AS AMENDED"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 902(f), 921, 932, 936; 33 U.S.C. 901 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834."regulatory_source: "65 FR 80054, Dec. 20, 2000, unless otherwise noted."cfr_part: "725"---
Identifier
/us/cfr/t20/s725.452
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Office of Workers' Compensation Programs, Department of Labor
Authority
5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 902(f), 921, 932... 5 U.S.C. 301; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701; Reorganization Plan No. 6 of 1950, 15 FR 3174; 30 U.S.C. 901 902(f), 921, 932, 936; 33 U.S.C. 901 42 U.S.C. 405; Secretary's Order 10-2009, 74 FR 58834.
# 725.452 Type of hearing; parties.(a) A hearing held under this part shall be conducted by an administrative law judge designated by the Chief Administrative Law Judge. Except as otherwise provided by this part, all hearings shall be conducted in accordance with the provisions of 5 U.S.C. 554 *et seq.*(b) All parties to a claim shall be permitted to participate fully at a hearing held in connection with such claim.(c) A full evidentiary hearing need not be conducted if a party moves for summary judgment and the administrative law judge determines that there is no genuine issue as to any material fact and that the moving party is entitled to the relief requested as a matter of law. All parties shall be entitled to respond to the motion for summary judgment prior to decision thereon.(d) If the administrative law judge believes that an oral hearing is not necessary (for any reason other than on motion for summary judgment), the judge shall notify the parties by written order and allow at least 30 days for the parties to respond. The administrative law judge shall hold the oral hearing if any party makes a timely request in response to the order.