Appeal and Commission review of initial decision.

CFR · 2024-01-01 · US · Title 10

(a)(1) Within 25 days after service of a written initial decision, a party may file a written appeal seeking the Commission's review on the grounds specified in paragraph (b) of this section. Unless otherwise authorized by law, a party must file an appeal with the Commission before seeking judicial review. (2) An appeal under this section may not be longer than twenty (20) pages and must contain the following: (i) A concise statement of the specific rulings and decisions that are being appealed; (ii) A concise statement (including record citations) where the matters of fact or law raised in the appeal were previously raised before the presiding officer and, if they were not, why they could not have been raised; (iii) A concise statement why, in the appellant's view, the decision or action is erroneous; and (iv) A concise statement why the Commission should review the decision or action, with particular reference to the grounds specified in paragraph (b) of this section. (3) Any other party to the proceeding may, within 25 days after service of the appeal, file an answer supporting or opposing the appeal. The answer may not be longer than 20 pages and should concisely address the matters specified in paragraph (a)(2) of this section. The appellant does not have a right to reply. Unless it directs additional filings or oral arguments, the Commission will decide the appeal on the basis of the filings permitted by this paragraph. (b) In considering the appeal, the Commission will

official document · source cfr-2024 · id 10:§ 2.1407