[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: 20CFR320.41]



[Page 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.  320.41  Procedure before Board after submission of report by 

hearings officer.



    (a) After submission to the Board of a hearings officer's report, in 

an appeal involving employee status or the creditability of 

compensation, any party to the proceeding may, within twenty days after 

the mailing to him of a copy of the report, file with the Board and 

serve upon other parties by mailing to their last addresses of record 

such exceptions in writing as he desires to make to the hearings 

officer's findings of fact and conclusions of law. Each exception shall 

specifically designate the particular finding of fact or conclusion of 

law to which exception is taken, and shall set forth in detail the 

grounds of the exception. General exceptions and exceptions not 

specifically directed to particular findings of fact or conclusions of 

law will not be considered. Each party shall have ten days after the 

receipt of exceptions taken by other parties in which to file with the 

Board replies to the exceptions. The Board may, upon the application of 

any party and for cause shown, extend the time for filing and serving of 

exceptions or filing of replies thereto. The hearings officer's report 

shall be advisory but shall be presumed to be correct. Findings of fact 

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

Board to reject or modify, stand confirmed.

    (b) Further argument will not be permitted except upon a showing by 

any party that he has arguments to present which for valid reasons he 

was unable to present at an earlier stage, and in cases in which the 

Board requests further elaboration of arguments. In such cases, the 

further argument shall be submitted orally or in writing, as the Board 

may indicate in each case, and shall be subject to such restrictions as 

to form, subject matter, length, and time as the Board may indicate.