(a) After the presiding officer receives and reviews the evidence filed by the Project Director, the presiding officer will determine whether there are any apparent issues of fact to be resolved.

(b) To resolve any apparent issues of fact, the presiding officer may do one or more of the following:

(1) Request information from the Project Director, parties in interest, or other persons or entities;

(2) Schedule and hold a prehearing conference;

(3) Schedule and hold a hearing; or

(4) Take any other action authorized by this subpart.

(c) If the presiding officer does not hold a hearing, they will issue a preliminary decision determining the decedent's heirs.

(d) If the presiding officer does hold a hearing, they may issue a final decision determining the decedent's heirs without first issuing a preliminary decision.