[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR672.22]



[Page 241]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.22  Appeal from or review of initial decision.



    (a) Notice of appeal. Any party may appeal any adverse initial 

decision of the Presiding Officer by filing a notice of appeal and an 

accompanying appellate brief with the Hearing Clerk and upon all other 

parties and amicus curiae within twenty (20) days after the initial 

decision is served upon the parties. The notice of appeal shall set 

forth alternative findings of fact, alternative conclusions regarding 

issues of law or discretion, and a proposed order together with relevant 

references to the record and the initial decision. The appellant's brief 

shall contain a statement of the issues presented for review, argument 

on the issues presented, and a short conclusion stating the precise 

relief sought, together with appropriate references to the record. 

Within twenty (20) days of the service of notices of appeal and briefs, 

any other party or amicus curiae may file with the Hearing Clerk a reply 

brief responding to argument raised by the appellant, together with 

references to the relevant portions of the record, initial decision, or 

opposing brief. Reply briefs shall be limited to the scope of the appeal 

brief.

    (b) Sua sponte review by the Director. Whenever the Director 

determines sua sponte to review an initial decision, the Hearing Clerk 

shall serve notice of such intention on the parties within forty-five 

(45) days after the initial decision is served upon the parties. The 

notice shall include a statement of issues to be briefed by the parties 

and a time schedule for the service and filing of briefs.

    (c) Scope of appeal or review. The appeal of the initial decision 

shall be limited to those issues raised by the parties during the course 

of the proceeding. If the Director determines that issues raised, but 

not appealed by the parties, should be argued, he shall give the parties 

or their representatives written notice of such determination to permit 

preparation of adequate argument. Nothing herein shall prohibit the 

Director from remanding the case to the Presiding Officer for further 

proceedings.

    (d) Argument. The Director may, upon request of a party or sua 

sponte, assign a time and place for oral argument.