[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 549-550]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT 

INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS

--Table of Contents

 

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 550]]



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]