ments to the Clerk of the Board, U.S. Department of Labor in Washington, D.C. INITIAL PROCESSING § 802.209 Acknowledgment of notice of appeal. Upon receipt by the Board of a notice of appeal and accompanying documents pursuant to § 802.208, the Board shall as expeditiously as possible notify the petitioner and the Office of the Solicitor of Labor in writing that such notice has been filed. § 802.210 Petition for review. (a) Within 30 days after the receipt of an acknowledgement of a notice of appeal issued pursuant to § 802.209, the petitioner shall submit a petition for review to the Board and shall serve copies of such petition together with accompanying documents by certified mail on all parties in interest and the Solicitor of Labor. A petition for review shall contain a statement Indicating the specific contentions of the petitioner and describing with particularity the substantial questions of law or fact to be raised by the appeal. Failure to submit a petition for review within the 30-day period described in this section may in the discretion of the Board cause the appeal to be deemed abandoned (see § 802.402). (b) Each petition for review shall be accompanied by a brief, memorandum of law, or other statement in support thereof. § 802.211 Response to petition for review. Within 30 days after the receipt of a petition for review, each party upon whom such petition has been served shall submit to the Board a brief, memorandum, or other statement in response thereto. 802.212 Reply briefs. Within 20 days after the receipt of a brief, memorandum, or statement submitted in response to the petition for review pursuant to § 802.211, any party upon whom such brief, memorandum, or statement has been served may file a reply brief, memorandum, or statement in reply thereto. shows in a written petition to intervene that such rights are so affected. The petition should state with precision and particularity (a) the rights, affected; and (b) the nature of any argument he intends to make. The extent to which any such person or legal entity may participate in proceedings before the Board shall be determined by the Board in its discretion. § 802.214 Additional briefs. Additional cross pleadings and reply briefs may be filed or ordered in the discretion of the Board and must be submitted within time limits specified by the Board. § 802.215 Service and form of papers, notices, and briefs. (a) Copies of all briefs or other statements submitted to the Board shall be served on each party in interest and the Solicitor of Labor by the party submitting such brief or other statement. (b) Any notice, order, brief, or pleading required to be given or served to or by the Board or to or by any party shall be prepared in a form acceptable to the Board and shall be given or served by certified or registered mail or by personal service. Proof of service shall be submitted to the Board and filed as part of the appeal record. (c) Whenever a paper or document is served on the Board or on any party by mail, 3 days shall be added to the spec1fied period within which the reply to such paper or document is required to be submitted. § 802.216 Waiver of time limitations for filing. (a) The time periods specified for submitting papers or documents described in this subpart, except that for submitting notice of appeal, may be extended for a reasonable period when, in the judgment of the Chairman, such extension is warranted. (b) Any request for an extension of time pursuant to this section shall be directed to the Chairman and must be received by him on or prior to the date on which the pleading is due. § 802.217 Failure to file papers or doc uments. Failure to file any paper or document when due pursuant to this subpart, may, in the discretion of the Board, constitute a waiver of the right to further participation in the proceedings. The Benefits Review Board is not empowered to engage in a de novo proceeding or unrestricted review of a case brought before it. The Board is authorized to review the findings of fact and conclusions of law upon which the decision or order appealed from was based. Such findings of fact and conclusions of law may be set aside only if they are not, in the judgment of the Board, supported by substantial evidence contained in the record considered as a whole. § 802.302 Docketing of appeals. (a) Maintenance of dockets. A docket of all proceedings shall be maintained by the Board. Each proceeding shall be assigned a number in chronological order upon the date on which a notice of appeal is received. Each proceeding shall be generally considered in the order in which it is docketed, although for good cause shown the Board may advance the order in which a particular case is to be considered. Correspondence or further applications in connection with any pending case shall refer to the docket number of that case. (b) Inspection of docket; publication of decision. The docket of the Board shall be open to public inspection. The Board shall publish its decisions in such form as to be readily available for inspection, and shall allow the public inspection thereof at the permanent location of the Board. § 802.303 Decision; no oral argument. In the event that no oral argument is ordered pursuant to § 802.305, the Board shall proceed to review the record of the case as expeditiously as possible after all briefs, stipulations, supporting statements, and other pertinent documents have been received. Thereafter, the Board shall render a decision in respect of the case pursuant to Subpart D of this part. ORAL ARGUMENT BEFORE THE BOARD § 802.304 Purpose of oral argument. Oral argument may be held by the Board in any case in which such argument might serve: (a) To clarify the issue or issues on appeal: or (b) To narrow questions of law or fact decision: or upon which the Board must render a (c) To expedite the final resolution of the case; or (d) When in the interest of justice such an argument will serve to assist the Board in carrying out the intent of any of the Acts. § 802.305 Request for oral argument. At any time prior to the issuance of a decision by the Board, any party or intervenor or the Secretary may request an oral argument, or the Board, on its own motion, order an oral argument. Requests shall be directed to the Chairman of the Board in Washington. D.C § 802.306 Action on request for oral argument. Within 10 days from the date upon which a request for oral argument is received by the Chairman, the Board shall determine whether the request shall be approved or denied. § 802.307 Notice of oral argument. In cases where a request for an oral argument has been approved or where an oral hearing has been ordered by the Board, all parties and intervenors shall be given a minimum of 10 days' notice, in writing, by certified mail, of the time and place of the argument. § 802.308 Conduct of oral argument. (a) Oral argument shall be held in Washington, D.C., unless the Board orders otherwise, and shall be conducted at a time reasonably convenient to the parties. For good cause shown, the Chairman or Acting Chairman may, in his discretion, postpone an oral argument to a more convenient time. (b) The proceedings shall be conducted under the supervision of the Chairman or Acting Chairman, who shall regulate all procedural matters arising during the course of the argument. (c) Within the discretion of the Board, oral argument may be presented by any party, intervenor, representative, or duly authorized attorney, and shall be open to the public. (d) The Board shall determine the scope of any oral argument presented. § 802.309 Absence of parties. The unexcused absence of a party or his authorized representative at the time. and place set for argument shall not be the occasion for delay of the proceeding. In such event, argument on behalf of other parties may be heard and the case shall be regarded as submitted on ENROLLMENT OF ACTUARIES Regulations governing the performance of actuarial services under the Employee Retirement Income Security Act of 1974 Rules regarding availability of information Part 900 901 Statement of organization 902 903 Access to records PART 900-STATEMENT OF § 900.3 Composition. Page 1195 1196 1200 1201 Board has been filed as provided in § 802.407. § 802.407 cisions RECONSIDERATION Reconsideration of Board degenerally. (a) Any party in interest may, within no more than 10 days from the filing of a decision pursuant to § 802.403(b) request a reconsideration of such decision. (b) Failure to file a request for reconsideration shall not be deemed a failure to exhaust administrative remedies. § 802.408 Notice of request for reconsideration. (a) In the event that a party in interest requests reconsideration of a final decision and order, he shall do so in writing, stating the supporting rationale for the request and include any material pertinent to the request. (b) The request shall be sent or delivered in person to the Clerk of the Board, and copies shall be served upon the parties. |