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49. Preliminary hearings shall be conducted by an employment judge alone unless—
(a)notice has been given under rule 48(2) that any preliminary issues are to be, or may be, decided at the hearing; and
(b)a party has requested in writing that the hearing be conducted by an employment judge acting with either one or two other members in accordance with regulation 10,
and in that case an employment judge shall decide whether it would be desirable for the hearing to proceed in accordance with the party’s request.
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