(a) Upon receipt of a timely request for a hearing filed
pursuant to and in accordance with §655.820 of this part, the Chief
Administrative Law Judge shall promptly appoint an administrative law judge to
hear the case.
(b) Within 7 calendar days following the assignment of the case, the
administrative law judge shall notify all interested parties of the date, time
and place of the hearing. All parties shall be given at least fourteen calendar
days notice of such hearing.
(c) The date of the hearing shall be not more than 60 calendar days from the
date of the Administrator's determination. Because of the time constraints
imposed by the INA, no request for postponement shall be granted except for
compelling reasons. Even where such reasons are shown, no request for
postponement of the hearing beyond the 60-day deadline shall be granted except
by consent of all the parties to the proceeding.
(d) The administrative law judge may prescribe a schedule by which the
parties are permitted to file a prehearing brief or other written statement of
fact or law. Any such brief or statement shall be served upon each other party
in accordance with §655.830 of this part. Posthearing briefs will not be
permitted except at the request of the administrative law judge. When
permitted, any such brief shall be limited to the issue or issues specified by
the administrative law judge, shall be due within the time prescribed by the
administrative law judge, and shall be served on each other party in accordance
with §655.830 of this part.
