evidentiary hearing
Defined in 2 dictionaries — Case Law, U.S. Code
Definitions from Case Law
From 424 U.S. 319 - Mathews v. Eldridge · 1976Most cited · 26,595 citing opinions
a hearing generally of the type required in Goldberg.
United States Code
16 U.S.C. § 2602 — in this section
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).