Petitions for discretionary review of initial or recommended decisions; review proceedings.

CFR · 2024-01-01 · US · Title 14

(a) (2) Petitions for discretionary review shall be filed only upon one or more of the following grounds: (i) A finding of a material fact is erroneous; (ii) A necessary legal conclusion is without governing precedent or is a departure from or contrary to law, the Department's rules, or precedent; (iii) A substantial and important question of law, policy or discretion is involved; or (iv) A prejudicial procedural error has occurred. (3) Each issue shall be separately numbered and plainly and concisely stated. Petitioners shall not restate the same point in repetitive discussions of an issue. Each issue shall be supported by detailed citations of the record when objections are based on the record, and by statutes, regulations (4) Petitions for discretionary review shall be self-contained and shall not incorporate by reference any part of another document. Except by permission of the DOT decisionmaker, petitions shall not exceed twenty (20) pages including appendices and other papers physically attached to the petition. (5) Requests for oral argument on petitions for discretionary review will not be entertained by the DOT decisionmaker. (b) (c) (d) (2) Where the DOT decisionmaker desires further proceedings, he or she will issue an order for review that will: (i) Specify the issues to which review will be limited. Only those issues specified in the order shall be argued on brief to the DOT decisionmaker, pursuant to § 302.35, and considered by the DOT decisionmaker; (ii) Specif

official document · source cfr-2024 · id 14:§ 302.32