If, after the filing of its appeal petition, the State agency does not believe that the summary procedure provided in this subpart is adequate for handling the appeal and that an oral hearing is necessary, the State agency may file, no later than the date established for the conclusion of any discovery pursuant to § 283.29, a motion that its appeal be handled under the procedures in subpart B of this part.
The motion shall specify why the State agency believes that the summary procedure is inadequate and what harm will result if an oral hearing is not held.
FNS will have 10 days from service of the State agency's motion that the appeal be handled under subpart B of this part to submit arguments either in support of or against the State agency's position.
The ALJ will review the State agency's motion and the information submitted by FNS and decide which procedures shall be used in the appeal.
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