; or (bb) would, in light of the need for agency action, unreasonably delay completion of the rulemaking; or (II) with respect to a rule that the agency is required to reissue not less frequently than once every 3 years, the interested person submitting the petition could have raised the disputed factual issues in the petition during the 5-year period preceding the date on which the petition is submitted. (iii) Inclusion in the record A petition submitted under clause (i) and the decision of an agency with respect to the petition shall be included in the rulemaking record. (2) Notice of hearing Not later than 45 days before the date on which a hearing is held under this subsection, an agency shall publish in the Federal Register a notice specifying— (A) the proposed rule to be considered at the hearing; and (B) the factual issues to be considered at the hearing. (3) Hearing requirements (A) Limited nature of hearing A hearing held under this subsection shall be limited to— (i) the specific factual issues raised in a petition granted in whole or in part under paragraph (1); and (ii) any other factual issues the resolution of which an agency, in the discretion of the agency, determines will advance consideration by the agency of the proposed rule. (B) Procedures (i) Burden of proof Except as otherwise provided by statute, a proponent of a rule has the burden of proof in a hearing held under this subsection. (ii) Admission of evidence In a hearing held under this subsection, any documentary or oral evidence may be received, except that an agency, as a matter of policy, shall provide for the exclusion of immaterial or unduly repetitious evidence. (iii) Adoption of rules governing hearings To govern a hearing held under this subsection, each agency shall adopt rules that provide for— (I) the appointment of an agency official or administrative law judge to preside at the hearing; (II) the presentation by interested parties of relevant documentary or oral evidence, unless the evidence is immaterial or unduly repetitious