[Code of Federal Regulations]
[Title 20, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR320.41]

[Page 552-553]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
                  CHAPTER II--RAILROAD RETIREMENT BOARD
 
PART 320_INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT 
 
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

[[Page 553]]

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