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33.—(1) There is a presumption that a substantive decision is made following a hearing.
(2) Subject to paragraph (1), the adjudicator may make a substantive decision without a hearing if—
(a)he is satisfied that there is no important public interest consideration that requires a hearing in public; and
(b)unless paragraph (3) applies, he has served written notice on the parties in accordance with these Rules that he intends to make a substantive decision without a hearing or that he has received an application requesting that the substantive decision be made without a hearing and—
(i)the parties agree to the substantive decision being made without a hearing; or
(ii)the parties fail to object within the specified period for objection to the substantive decision being made without a hearing.
(3) The adjudicator is not required to serve notice under paragraph (2)(b) if all parties have requested the adjudicator to make the substantive decision without a hearing.
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