[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR320.40]

[Page 530-531]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 
 
Sec. 320.40  Procedure before the Board on appeal from a decision 
of a hearings officer.

    Upon the filing of an appeal to the Board from a decision of a 
hearings officer, the Secretary to the Board shall

[[Page 531]]

notify all parties to the decision of the hearings officer that an 
appeal has been filed. The parties shall not have the right to submit 
additional evidence, except that:
    (a) The Board may permit the submission of additional evidence upon 
a showing by a party that he or she has additional evidence to present 
which, for valid reasons, he or she was unable to present at an earlier 
stage;
    (b) The Board may request the submission of additional evidence; and
    (c) The Board may designate any employee of the Board to take 
additional evidence and to report his or her findings to the Board. Any 
such additional evidence shall be submitted in such manner as the Board 
may indicate and shall be included in the record.
    (d) Any party may submit additional argument in writing with the 
appeal to the Board. No party shall have the right to an oral 
presentation before the Board except where the Board so permits. Such 
presentation may be limited in form, subject matter, length, and time as 
the Board may indicate to the parties.

[56 FR 65681, Dec. 18, 1991, as amended at 67 FR 77158, Dec. 17, 2002]