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<br />ther evidence. or for rehearing or re-
<br />argument of the proceeding, or for re-
<br />consideration of the secretary's decision.
<br />must be made by petition to the secre-
<br />tary filed with U1e hearing c~erk. Every
<br />such petition must state specIfically the
<br />grounds relied upon.
<br />(b) Petition to reopen hearing.-A pe-
<br />tition to reopen a hearing to take further
<br />evidence may be filed at any time. prior
<br />to the issuance of the secretary's deci-
<br />sion. Every such petition shall state
<br />briefly the natu.re and purpose of the
<br />evidence to be adduced, shall show that
<br />such evidence is not merely cumUlative,
<br />and shall set forth a good reason why
<br />such evidence was not adduced at the
<br />hearing.
<br />(c) Petition to rehear or reargue pro-
<br />ceeding, or to reconsider secretary's deci-
<br />sion.-A petition to rehear or reargue
<br />the proceeding or to reconsider the sec-
<br />retary's decision shall be filed within 15
<br />days after the date of the service of the
<br />secretary's decision. Every such petition
<br />must state specificallY the matters
<br />claimed to have been erroneously decided
<br />and alleged errors must be briefly stated.
<br />
<br />~ ]2.]5-2 Procedure for disIJosilion or
<br />petilions.
<br />
<br />Within 20 days following the service of
<br />any petition provided for in this ~ 12.15,
<br />the other party to the proceeding shall
<br />flle with the hearing clerk an answer
<br />thereto. As soon as practicable thereafter,
<br />the secretary shall announce his decision
<br />whether to grant or to deny the petition.
<br />Unless the secretary shall determine
<br />otherwise, operation of the secretary's
<br />decision shall not be stayed pending the
<br />decision to grant or to deny the petitIOn.
<br />In the event that any such petition is
<br />granted by the Secretary, the applicable
<br />rules of practice, as set out elsewhere
<br />herein, shall be followed. A person filing
<br />a petition under this section shall be re-
<br />garded as the moving party or complain-
<br />.ant, although he shall be referred to as
<br />the complainant or respondent, depend-
<br />ing upon his designation in the original
<br />proceeding.
<br />
<br />~ ]2.]6 Filing; !icryice; t'xlen~ioni> of
<br />lime; o(ldilional time for filing; and
<br />(~omputation of time.
<br />
<br />~ ]2.16-1 Filing; number of copics.
<br />
<br />Except as is provided otherwise in this
<br />sectlon, all documents or papers required
<br />or au thorized by the rules in this part
<br />to be filed with the hearing clerk shall
<br />be filed in triplicate: Provided, That,
<br />where there are more than two parties
<br />to the proceeding, a sufficient nwnber of
<br />copies shall be filed so as to provide for
<br />service upon all the parties to the pro-
<br />ceeding. Any document or paper, required
<br />or authorized under the rules in this part
<br />to ~ flIed with the hearing clerk, shall,
<br />durll1g the course of an oral hearing. be
<br />filed with the adminJstratlve law judge.
<br />
<br />~ ]2.16-2 Service; proof of sCM'il:e.
<br />
<br />Copies of all such documents or papers,
<br />required or authorized by the rules in this
<br />part to be filed with the hearing clerk,
<br />shall be served upon the parties by the
<br />hearing clerJ:t., by the adminisCrS75
<br />
<br />
<br />FEDERAL REGISTER, VOL. 38, NO. 84-WEDNESDAY, MAY 2, 1973
<br />
<br />~ 12.14 Appcal procedure nnd lrana-
<br />millal of rccord.
<br />
<br />~ 12.14-1 Filing or appeal.
<br />
<br />Any party to the proceeding who de-
<br />sires to appeal an initial decision of the
<br />administrative law judge shall file his
<br />appeal in writing with the hearing clerk
<br />within 30 days after service of said
<br />decision.
<br />
<br />ti ]2.]4-2 COnle"1 of appeal.
<br />
<br />Each issue shall be separately num-
<br />bered and plainly and concisely stated.
<br />Appellants shall not restate the same
<br />point in repetitive discussions of an issue.
<br />Each 1ssue shan be supported by de.
<br />tailed citations of the record, and by
<br />statutes, regulations, or principal au-
<br />thorities relied UpOll. A brief may be filed
<br />in support of the appeal slmultaneously
<br />with the appeal.
<br />
<br />f3 ]2.14-3 Scope of appeal.
<br />
<br />Except where the secretary determines
<br />that argument on additional issues would
<br />be helpful, the appeal of the administra-
<br />tive law judge's initial decision shall be
<br />limited to the issues raised by the parties
<br />on appeal. If the secretary determines
<br />that additional issues should be argued,
<br />counsel for the parties shall be given
<br />reasonable llotice of such determination,
<br />50 as to permit preparation of adequate
<br />argument on all Issues to be argued.
<br />
<br />~ 12.]4-4 Re.!lIJOnl.'C 10 oppeal.
<br />
<br />Within 30 days after service of copy
<br />of an appeal on the other party, said
<br />other party may file with the hearing
<br />clerk a response in support of or in oppo-
<br />sition to the appeal.
<br />
<br />ti ]2.14-5 Failure 10 :file re~ponse.
<br />
<br />If appellee fails to file his response to
<br />the appeal as provided in ~ 12.14-4 he
<br />shan be deemed to have waived his right
<br />to ftle a response.
<br />
<br />~ 12.]4-6 Orders denying appeol Drier
<br />rcyiew.
<br />If after revIew of the entire record fol-
<br />lowing filing of an appeal, and any brief
<br />and response permitted to be filed in
<br />connection therewith, the secretary de-
<br />cides no change or modification of the
<br />decision of the administrative law judge
<br />is necessary, he may deny the appeal
<br />and adopt the initial decision as "the final
<br />decision of the secretary, thus preserving
<br />any rights of the appellant to appeal to
<br />the courts.
<br />
<br />~ ]2.14-7 Tramltlillal or record.
<br />
<br />Immediately following;fiUng of an. ap~
<br />peal, the hearing clerk Shan tranSllllt to
<br />the secretary the record of the proceed-
<br />ing. 51; record shall include: The
<br />pleadin ~ motious and requests filed,
<br />and rul. gs thereon; the transcript of
<br />the testimonY taken at the hearing, to-
<br />gether with the exhibits filed therein;
<br />any documents or papers filed in con-
<br />nection with prehearing conferences;
<br />such proposed findings of fact, conclu-
<br />sions, and orders, and brIefs in support
<br />thereof, as may have been filed in con-
<br />nect10n with the proceeding; the ad-
<br />ministrative law judge's Initial decision; .
<br />
<br />RULES AND REGULATIONS
<br />
<br />and such exceptions, statements of ob-
<br />jections, and briefs in support thereof as
<br />may have been filed in the proceeding.
<br />
<br />~ 12.14--8 Oral argument.
<br />
<br />Within the time allowed for filing of an
<br />appeal and brief in support thereof, ap-
<br />pellant may reQuest in writing oppor-
<br />tunity for oral argument before the sec-
<br />retary. Within the time allowed for filing
<br />a response, appellee may ftle a request
<br />in writing for opportunity for such oral
<br />argument. Failure to make such reQuest
<br />in writing shall be deemed a waiver of
<br />oral argument. The secretary in his dis-
<br />cretion, may grant, refuse, or limit any
<br />request for oral argument on appeal. Ex-
<br />cept where the secretary determines that
<br />argument on additional issues would be
<br />helpful. argument shall be limited to the
<br />issues raised by the appeal.
<br />(a) Notice of argument; postpone-
<br />ment.-The hearing clerk shall advise all
<br />parties of the time and place at wl1ich
<br />ora] argument will be heard. A reQuest
<br />for postponement of the argument must
<br />be made by motion flIed a. reasonable
<br />amount of time ill advance of the date
<br />fixed for argument.
<br />(b) Order and content of argument.-
<br />The appellant is entitled to open and
<br />conclude the argument. The opening ar-
<br />gument shall include a concise state-
<br />ment of the case.
<br />(c) Cross and separate appeals.-A
<br />cross or separate appeal shall be argued
<br />with the initial appeal at a Single argu-
<br />ment, unless the secretary otherwise di-
<br />rects. If a case involves a cross-appeal,
<br />the administrator shall be deemed the
<br />appellant unless the parties otherwise
<br />agree or the secretary otherwise directs.
<br />If separate appellants support the same
<br />argument, care shall be taken to avoId
<br />duplication of argument,
<br />(d) Submission on brie/s.-By agree-
<br />ment of the parties, an appeal may be
<br />submitted for decision on the briefs, but
<br />the secretary may direct that the ap-
<br />peal be argued.
<br />
<br />~ ]2.]4-9 Decision of the sccrelary.
<br />
<br />(a) As soon as practicable after ora]
<br />argument. or in case there is no oral ar-
<br />gument, as soon as practicable after the
<br />filing of the appea.I and grounds therefor
<br />and any response thereto, the secretary
<br />shall Issue his decision in the proceeding,
<br />which shall include findingS of fact, con-
<br />clusions, order, and rulings on motions,
<br />exceptions, statements of objections, and
<br />proposed fl.ndings, conclusions, and or-
<br />ders submitted by the parties not there-
<br />tofore ruled upon; unless he issues an or-
<br />der denying the appeal as provided for
<br />in ~ 12.14-6 herein.
<br />(b) The decision, prepared as de~
<br />scribed in paragraph (a) of this section,
<br />shall be issued and served upon the par-
<br />tie's as the final decision in the proceed-
<br />ing without further procedure.
<br />
<br />~ 12.]5 Pelitions for reopening hear-
<br />jn"; for rehearing or rellrlPunent of
<br />proceeding. or for re<<::onsidernlion of
<br />fict:':retnry's decision.
<br />
<br />~ 12.15-1 Pctition requisite.
<br />
<br />(a) Filing: service.-An application
<br />for reopening the hea.ring to take fur-
<br />
<br />10801
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