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90 FR 25895, June 18, 2025, unless otherwise noted.
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(a) If the parties elect to submit the appeal on the record without a hearing, the Board will set a schedule for the parties to complete the record and file briefs. Submission of the case without a hearing does not relieve the parties from the burden of proving the facts supporting their allegations or defenses. The parties may file affidavits, declarations, depositions, admissions, answers to interrogatories, and stipulations to supplement the record.
(b) The Board may also rely on any documents listed in Rule 13(a). The Board may order the parties to submit briefs in support of their positions.
(c) Except as the Board may otherwise order, no evidence will be received after the Board closes the record.
(d) The Board may ask the parties to submit additional evidence or briefs on any matter relevant to the appeal. The Board may also request oral argument.
(e) The record will then be settled as described in Rule 13.