[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR4.114]

[Page 61-62]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 4--DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents
 
   Subpart C--Special Rules of Practice Before the Interior Board of 
                            Contract Appeals
 
Sec. 4.114  Settling of the record.

    (a) A case submitted on the record pursuant to Sec. 4.112 shall be 
ready for decision when the parties are so notified by the Board. A case 
which is heard shall be ready for decision upon receipt of transcript, 
or upon receipt of briefs when briefs are to be submitted. At any time 
prior to the date that a case is ready for decision, either party, upon 
notice to the other, may supplement the record with documents and 
exhibits deemed relevant and material by the Board. The Board upon its 
own initiative may call upon either party, with appropriate notice to 
the other, for evidence deemed by it to be relevant and material. The 
weight to be attached to any evidence of record will rest within the 
sound discretion of the Board. Either party at any stage of the 
proceeding, on notice to the other party, may object to the relevancy or 
materiality of documents in the record or offered into the record.
    (b) The Board record shall consist of the appeal file described in 
Sec. 4.104(b) and any additional material, pleadings, prehearing briefs, 
record of prehearing, or presubmission conferences, depositions, 
interrogatories, admissions, transcripts of hearing, hearing exhibits, 
and posthearing briefs, as may thereafter be developed pursuant to these 
rules. In deciding appeals the Board, in addition to considering the 
Board record, may take official notice of facts within general 
knowledge.
    (c) This record will at all times be available for inspection by the 
parties at an appropriate time and place. In

[[Page 62]]

the interest of convenience, prior arrangements for inspection of the 
file should be made with the Recorder of the Board. Copies of material 
in the record may be furnished to appellant as provided in part 2 of 
this subtitle.