evidentiary hearing

(6) The term “evidentiary hearing” means— (A) in the case of a State agency, a proceeding which (i) is open to the public, (ii) includes notice to participants and an opportunity for such participants to present direct and rebuttal evidence and to cross-examine witnesses, (iii) includes a written decision, based upon evidence appearing in a written record of the proceeding, and (iv) is subject to judicial review; (B) in the case of a Federal agency, a proceeding conducted as provided in sections 554, 556, and 557 of title 5; and (C) in the case of a proceeding conducted by any entity other than a State or Federal agency, a proceeding which conforms, to the extent appropriate, with the requirements of subparagraph (A).

Source

16 USC § 2602(6)

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Scoping language

None identified, default scope is assumed to be the parent (chapter 46) of this section.

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