[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1025.53]

[Page 90]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1025_RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS--Table of 
Contents
 
                           Subpart F_Decision
 
Sec.  1025.53  Appeal from initial decision.

    (a) Who may file notice of intention. Any party may appeal an 
Initial Decision to the Commission, provided that within ten (10) days 
after issuance of the Initial Decision such party files and serves a 
notice of intention to appeal.
    (b) Appeal brief. An appeal is perfected by filing a brief within 
forty (40) days after service of the Initial Decision. The appeal brief 
must be served upon all parties. The appeal brief shall contain, in the 
order indicated, the following:
    (1) A subject index of the matters in the brief, with page 
references, and a table of cases (alphabetically arranged), textbooks, 
statutes, and other material cited, with page references thereto;
    (2) A concise statement of the case;
    (3) A statement containing the reasons why the party believes the 
Initial Decision is incorrect;
    (4) The argument, presenting clearly the points of fact and law 
relied upon to support each reason why the Initial Decision is 
incorrect, with specific page references to the record and the legal or 
other material relied upon; and
    (5) A proposed form of order for the Commission's consideration in 
lieu of the order contained in the Initial Decision.
    (c) Answering brief. Within thirty (30) days after service of the 
appeal brief upon all parties, any party may file an answering brief 
which shall contain a subject index, with page references, and a table 
of cases (alphabetically arranged), textbooks, statutes, and other 
material cited, with page references thereto. Such brief shall present 
clearly the points of fact and law relied upon in support of the reasons 
the party has for each position urged, with specific page references to 
the record and legal or other materials relied upon.
    (d) Participant's brief. Within thirty (30) days after service of 
the appeal brief upon all parties, any participant may file a brief on 
appeal, presenting clearly the position urged.
    (e) Cross appeal. If a timely notice of appeal is filed by a party, 
any other party may file a notice of cross appeal within ten (10) days 
of the date on which the first notice of appeal was filed. Cross appeals 
shall be included in the answering brief and shall conform to the 
requirements for form, content, and filing specified in paragraph (b) of 
this section for an appeal brief. If an appeal is noticed but not 
perfected, no cross appeal shall be permitted and the notice of cross 
appeal shall be deemed void.
    (f) Reply brief. A reply brief shall be limited to rebuttal of 
matters presented in answering briefs, including matters raised in 
cross-appeals. A reply brief shall be filed and served within fourteen 
(14) days after service of an answering brief, or on the day preceding 
the oral argument, whichever comes first.
    (g) Oral argument. The purpose of an oral argument is to emphasize 
and clarify the issues. The Commission may order oral argument upon 
request of any party or upon its own initiative. A transcript of oral 
arguments shall be prepared. A Commissioner absent from an oral argument 
may participate in the consideration of and decision on the appeal.