4 CFR 22.19 – Findings and Decisions of the Board [Rule 19]
(a) Generally. All proceedings shall be concluded and appeals disposed of as expeditiously as possible, commensurate with sound adjudicatory procedure. The findings and decision in each appeal shall be made by the members of the panel which considered that appeal, and the findings and decision of the majority thereof shall constitute the findings and decision of the Board. The absence or withdrawal of one member of the panel which considered that appeal shall not invalidate the proceedings, and the decision of the remaining panel members shall constitute the decision of the Board. All decisions and findings of the Board shall be made in writing and copies thereof shall be forwarded to the parties or their counsel.
Terms Used In 4 CFR 22.19
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) Record upon which findings and decisions are based. (1) The record upon which any decision of the Board will be rendered consists of the following:
(i) Notice of appeal;
(ii) Pleadings, motions, written briefs and statements, and responses thereto;
(iii) Rule 4 file and any supplements other than those to which an objection has been sustained;
(iv) Hearing exhibits other than those to which an objection has been sustained;
(v) Orders, rulings, and directions to the parties issued by the Board;
(vi) Written transcripts and electronic recordings of proceedings;
(vii) Stipulations, party admissions, depositions or parts thereof received in evidence, and written interrogatories and responses received in evidence;
(viii) Anything else that the Board may designate.
(2) All other documents and electronically stored information are part of the administrative record of the proceedings and are not included in the record upon which the Board’s decision will be rendered.