(a) Whenever an informal hearing has been held under §§ 1902.11 and 1902.13, any evidence submitted in such a hearing shall be considered and may be relied upon whenever it is found that no party will be prejudiced thereby because
- (1) Of a lack of an opportunity for cross-examination afforded in the informal hearing on the issues involved, or
- (2) The veracity and demeanor of witnesses are not important with respect to the type of evidence involved (e.g., extensive technical or statistical data), or
- (3) For any other reason.
- (b) Any written comments received in response to a notice issued under § 1902.11 shall be a part of the record of the proceeding.
- (c) Whenever a formal hearing has been held under § 1902.14 the Assistant Secretary shall hold no additional hearing, and shall proceed to issue a tentative decision under § 1902.21.