; and (II) may submit additional evidence, including witness testimony. (3) Timing of hearing A hearing under this subsection shall occur not less than— (A) 72 hours after the unaccompanied noncitizen child concerned receives notice under paragraph (2); and (B) 5 business days before the transfer to the restrictive placement is scheduled to occur. (4) Procedural matters (A) Neutral fact finder A hearing under this subsection shall be presided over by a neutral fact finder who— (i) is not an employee of the Office of Refugee Resettlement; and (ii) has expertise in child welfare. (B) Rights of child (i) In general At a hearing under this subsection, an unaccompanied noncitizen child shall have— (I) the right to counsel; and (II) the right and opportunity to confront, inspect, and rebut the evidence alleged to justify the transfer to a restrictive placement. (ii) Waiver of presence With the assistance of counsel, an unaccompanied noncitizen child may waive his or her presence at a hearing under this subsection. (C) Availability of Office of Refugee Resettlement records The Director shall disclose to the unaccompanied noncitizen child concerned and the legal counsel and child advocate of the child, as applicable, the child's entire case file and all evidence supporting the determination to transfer the child to a restrictive placement— (i) not later than 24 hours after such determination is made; and (ii) not less than 2 days before the date of the hearing under this subsection. (D) Interpretation services An interpreter in the preferred language of the unaccompanied noncitizen child shall be made available for a hearing under this subsection. (E) Burdens of production and proof The Director shall have the burden of production and the burden of proof, by clear and convincing evidence, to establish that— (i) the unaccompanied noncitizen child is a present danger to himself or herself or to others; (ii) a restrictive placement is consistent with the best interests of the child