(a) The excerpt of
record from an appellant or an appellant who is also a cross-appellee must
include the following:
(1) the claim,
accusation, answer, or petition setting out the issues to be decided;
(2) other decisions or orders of the board
for which review is sought;
(3) if
the party is challenging the admission or exclusion of evidence or other oral
ruling or order, a copy of the pages of the transcript at which the evidence,
ruling, or order, the relevant discussion by the board, and any necessary
objection are recorded; and
(4)
true and correct copies of documents in the record that are referenced in the
appellant's brief that support each factual assertion of the appellant.
(b) An excerpt of record
from an appellee or an appellee who is also a cross-appellant must include true
and correct copies of documents in the record that
(1) are referenced in the appellee's
brief
(2) support each factual
assertion of the appellee; and
(3)
are not included in the appellant's excerpt of record under (a) of this
section.
(c) An appellant
who is also a cross-appellee may file a supplemental excerpt of record with the
appellant's reply brief.
(d) The
documents in a party's excerpt of record or supplemental excerpt of record must
(1) be true and correct copies of documents
in the record;
(2) be arranged in
chronological order by document date with the earliest date on top and numbered
consecutively at the bottom of the page, with the appellant's numbering
beginning with 1, and appellee's numbering beginning with the number
immediately following the number of the last page of the appellant's
excerpt;
(3) in the case of a
supplemental excerpt, be numbered beginning with the number immediately
following the number of the last page of the appellee's excerpt;
(4) be referenced in a table of contents that
includes a brief description of each document, the date of the document, and
the number of the first page of each document, as provided in (2) or (3) of
this subsection, as appropriate; and
(5) be filed separately from, but
simultaneously with, the party's brief.
(e) Materials never presented to the board
and not part of the board's record on appeal may not be added to a party's
excerpt of record.
