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Part 11 · Federal Network Agency and Other Competent Authorities  ›  Division 3 · Procedure › Section 215

Hearing; oral proceedings

(1) The Decision Chamber must give the parties the opportunity to comment.
(2) The Decision Chamber may, in suitable cases, give persons representing trade circles affected by the procedure the opportunity to comment.
(3) The Decision Chamber decides on the basis of public oral proceedings. With the agreement of the parties, the oral proceedings may be conducted by telephone or video conference, or a decision may be made without oral proceedings. The Decision Chamber may further decide without oral proceedings where, after announcement by the Decision Chamber, none of the parties gives reasons for demanding that oral proceedings be held. On application by a party, or of its own motion, the public is to be excluded from the proceedings, or part of them, where this gives cause to fear endangerment of public order, in particular state security, or endangerment of an important trade or business secret.
(4) By way of derogation from subsection (3), the Decision Chamber may decide without oral proceedings where the matter presents no particular difficulty of fact or law and the facts have been clarified. The parties are to be heard beforehand.
(5) The Decision Chamber may reject statements and evidence submitted only after expiry of a period set, and decide without further investigation, where 1. admitting them would, in the Decision Chamber's free assessment, delay conclusion of the procedure, 2. the party has not adequately excused the delay, and 3. the party has been advised of the consequences of missing the period. The ground for excuse is to be substantiated on the Decision Chamber's request.

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