(a) Applications under this subpart will be decided on the basis of written submissions unless the DOT decisionmaker, on petition as provided in § 302.208 or on his or her own initiative, determines that an oral presentation or an administrative law judge's decision is required because:

1. (1) Use of written procedures will prejudice a party;
2. (2) Material issues of decisional fact cannot adequately be resolved without oral evidentiary hearing procedures; or
3. (3) Assignment of an application for oral evidentiary hearing procedures or an initial or recommended decision by an administrative law judge is otherwise required by the public interest.