[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR7.7] [Page 25] TITLE 22--FOREIGN RELATIONS CHAPTER I--DEPARTMENT OF STATE PART 7_BOARD OF APPELLATE REVIEW--Table of Contents Sec. 7.7 Passport cases. (a) Scope of review. With respect to appeals taken from decisions of the Assistant Secretary for Consular Affairs denying, revoking, restricting, or invalidating a passport under Sec. Sec. 51.70 and 51.71 of this chapter, the Board's review, except as provided in paragraph (b) of this section, shall be limited to the record on which the Assistant Secretary's decision was based. (b) Admissibility of evidence. The Board shall not receive or consider evidence or testimony not presented at the hearing held under Sec. Sec. 51.81-51.89 of this chapter unless it is satisfied that such evidence or testimony was not available or could not have been discovered by the exercise of reasonable diligence prior to such hearing. [44 FR 68825, Nov. 30, 1979, as amended at 53 FR 39589, Oct. 11, 1988]