[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: 20CFR258.6]



[Page 508-509]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 258_HEARINGS BEFORE THE BOARD OR DESIGNATED EXAMINERS--Table of 

Contents

 

Sec.  258.6  Procedure when examiner appointed.



    (a) Where an examiner has been designated by the Board under this 

part to conduct a hearing with respect to a matter before it, the 

examiner shall preside at the hearing and shall cause all testimony to 

be recorded. The examiner shall, as soon as practicable following the 

conclusion of the hearing, mail to each party at the address stated in 

his or her appearance a free transcript of the record of the proceedings 

had before the examiner. Thereafter, the examiner shall give all parties 

participating in the hearing the opportunity to present argument upon 

both law and facts. Upon conclusion of the proceedings before him or 

her, the examiner shall prepare a report which, together with the record 

of the proceedings before him or her, shall be submitted to the Board. 

The report shall set forth the examiner's findings



[[Page 509]]



of fact, conclusions of law, and recommendations as to decision. The 

report may also contain such discussion of the question raised, both 

legal and factual, as the examiner may desire to present to the Board. A 

copy of the examiner's report shall be served by the examiner upon each 

party participating in the hearing by mailing such copy to each such 

party at the address stated in his or her appearance. Each party shall, 

within 30 days after the date of mailing to him or her of the examiner's 

report, file with the Board and serve upon other parties by mailing to 

their addresses as stated in their appearances such exceptions in 

writing as he or she desires to make to the examiner's findings of fact 

and conclusions of law. Each exception shall specifically designate the 

particular findings of fact or conclusions of law to which objection is 

taken, and shall set forth in detail the grounds for the objection. 

General exceptions and exceptions not specifically directed to 

particular findings of fact or conclusions of law will not be considered 

by the Board. Exceptions to findings of fact shall make specific 

reference by page numbers to those portions of the record upon which 

reliance is placed.

    (b) Each party shall have 10 days after receipt of exceptions taken 

by other parties in which to file with the Board replies to those 

exceptions. Replies to exceptions to findings of fact shall make 

specific reference by page number to those portions of the record upon 

which reliance is placed.

    (c) The Board may, upon the application of a party and for cause 

shown, extend the time for filing and serving of exceptions or filing of 

replies thereto. The Board will render its decision upon the record, the 

examiner's report, and such exceptions and replies thereto as are made.

    (d) The examiner's report shall be advisory only and the Board may, 

in any case, exercise its right to reject or adopt the examiner's report 

in whole or in part or adopt such report with modifications. Findings of 

fact to which no exceptions are taken will, subject only to the power of 

the Board upon its own consideration to reject or modify, be presumed to 

be correct.

    (e) The decision of the Board shall be communicated to the parties 

participating in the hearing within 30 days of the date upon which the 

decision of the Board is entered upon its records.