Section 4.1286 - Motion for a hearing on an appeal involving issues of fact(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: (1) What specific issues of material fact require a hearing;(2) What evidence concerning these issues must be presented by oral testimony, or be subject to cross-examination;(3) What witnesses need to be examined; and(4) What documentary evidence requires explanation, if any.(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: (1) Any issues of material fact which, if proved, would alter the disposition of the appeal; or(2) Significant factual or legal issues remaining to be decided and the record without a hearing would be insufficient for resolving them.(c) If the Board orders a hearing, it must:(1) Specify the issues of fact upon which the hearing is to be held; and(2) Request the administrative law judge to issue:(i) Proposed findings of fact on the issues presented at the hearing;(ii) A recommended decision that includes findings of fact and conclusions of law; or(iii) A decision that will be final for the Department unless a notice of appeal is filed in accordance with § 4.411 .(d) If the Board orders a hearing, it may do one or more of the following: (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;(2) Authorize the administrative law judge to specify additional issues; or(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.75 FR 64669, Oct. 20, 2010