[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR4.114]



[Page 79]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 4_DEPARTMENT HEARINGS AND APPEALS PROCEDURES--Table of Contents

 

    Subpart C_Special Rules of Practice Before the Interior Board of 

                            Contract Appeals

 

Sec.  4.114  Settling of the record.



    (a) A case submitted on the record pursuant to Sec.  4.112 shall be 

ready for decision when the parties are so notified by the Board. A case 

which is heard shall be ready for decision upon receipt of transcript, 

or upon receipt of briefs when briefs are to be submitted. At any time 

prior to the date that a case is ready for decision, either party, upon 

notice to the other, may supplement the record with documents and 

exhibits deemed relevant and material by the Board. The Board upon its 

own initiative may call upon either party, with appropriate notice to 

the other, for evidence deemed by it to be relevant and material. The 

weight to be attached to any evidence of record will rest within the 

sound discretion of the Board. Either party at any stage of the 

proceeding, on notice to the other party, may object to the relevancy or 

materiality of documents in the record or offered into the record.

    (b) The Board record shall consist of the appeal file described in 

Sec.  4.104(b) and any additional material, pleadings, prehearing 

briefs, record of prehearing, or presubmission conferences, depositions, 

interrogatories, admissions, transcripts of hearing, hearing exhibits, 

and posthearing briefs, as may thereafter be developed pursuant to these 

rules. In deciding appeals the Board, in addition to considering the 

Board record, may take official notice of facts within general 

knowledge.

    (c) This record will at all times be available for inspection by the 

parties at an appropriate time and place. In the interest of 

convenience, prior arrangements for inspection of the file should be 

made with the Recorder of the Board. Copies of material in the record 

may be furnished to appellant as provided in part 2 of this subtitle.