Current through Register Vol. 48, No. 38, September 20, 2024
a) A party may
inspect or request a transcript of the hearing or a copy of the file as
provided in this subsection. The appellant shall have 15 days after the appeal
is filed to request a transcript of the hearing or a copy of the file. The
appellee shall have 7 days after the mailing of the Notice of Appeal to request
a transcript of the hearing or a copy of the file. In the event only a
transcript is initially sought and obtained, a later request for a copy of the
file must be made within 7 days after the date the transcript is mailed or made
available for inspection. The Board of Review shall make the file available to
the parties during the Department's regular business hours.
b) A party may file a written argument to the
Board of Review as provided in this subsection. The Board of Review shall not
consider any written argument, response, or reply unless the submitting party
has certified that it served a copy of the written argument on the opposing
party.
1) If a request for inspection of a
transcript or a copy of the file has been timely made, the parties shall have
10 days after the date that the transcript or file is mailed or made available
for inspection, whichever is later, to file a written argument to the Board of
Review. The submitting party shall certify that it served a copy of the written
argument on the opposing party.
2)
If a request for an inspection or a transcript of the hearing or a copy of the
file has not been timely made, the appellant shall have 15 days after the
appeal has been filed and the appellee shall have 7 days after the date of
mailing of the Notice of Appeal to file a written argument with the Board of
Review. The submitting party shall certify that it served a copy of the written
argument on the opposing party.
3)
If the opposing party wishes to file a response, it must file with the Board
and serve on the submitting party any response within 7 days after the
submitting party's written argument was mailed to the opposing party.
4) If the submitting party wishes to file a
reply, it must file with the Board and serve on the opposing party any reply
within 5 days after the opposing party's response was mailed to the submitting
party.
c) The Board of
Review will consider requests to submit additional evidence submitted by the
appellant within 15 days after the date an appeal is filed or by the appellee
within 7 days after the date of mailing of the Notice of Appeal. In the event a
transcript or copy of the file is sought, the request to submit additional
evidence shall be filed no later than 10 days after the date the transcript or
copy of the file is mailed or made available for inspection, whichever is
later. The requesting party shall certify that it served a copy of its request
on the opposing party.
1) A request to submit
additional evidence must include:
A) A
summary of the evidence to be introduced; and
B) An explanation showing that the requesting
party, for reasons not its fault and outside its control, was unable to
introduce the evidence at the hearing before the Referee.
2) If the party that filed a request to
submit additional evidence, or its witness, failed to appear at a scheduled
hearing, the Board shall not consider that party's request to submit additional
evidence unless that party can show that:
A)
it did not receive timely notice of the hearing;
B) its failure to appear at the hearing was
due to circumstances beyond its control; or
C) that it requested a continuance before the
conclusion of the hearing, that was denied.
3) If the opposing party desires to file a
response, it must file with the Board and serve on the requesting party any
written response within 7 days after the request to submit additional evidence
was mailed to the opposing party.
4) If the requesting party desires to file a
reply, it must file with the Board and serve on the opposing party any written
reply within 5 days after the opposing party's response was mailed to the
requesting party.
5) A ruling by
the Board of Review to deny a request to submit additional evidence will be
announced in its decision. If the Board of Review grants the request, the
parties will be notified in the Board of Review's decision or by separate
written correspondence, which shall specify the time, place and manner in which
the evidence is to be submitted. The Board of Review shall include a finding of
facts and reasons for the grant or denial.
d) At the request of the party and for good
cause shown, the Board will grant a reasonable extension of time within which
to submit a written argument or request to submit additional evidence. No
extension shall be for less than 7 days nor more than 30 days.
e) All notices, written arguments, requests
to submit additional evidence, responses and replies must contain the Board of
Review Docket number assigned to the matter, as set forth in the Notice of
Appeal (see Section
2720.25
).
