Proceedings for consequential, liquidated, or compensatory damages.

CFR · 2024-01-01 · US · Title 5

(a) (2) The judge or the Board, as applicable, may waive the time limit for making a request for consequential, liquidated, or compensatory damages for good cause shown. The time limit will not be waived if a party shows that such waiver would result in undue prejudice. (b) (c) A party may file a pleading responding to the request within the time limit established by the judge or the Board, as applicable. (d) (2) A judge may waive the requirement of paragraph (d)(1), either on his or her own motion or on the motion of a party, and consider a request for damages in a proceeding on the merits where the judge determines that such action is in the interest of the parties and will promote efficiency and economy in adjudication. (e) (2) A copy of a motion for initiation of an addendum proceeding to decide a request for consequential, liquidated, or compensatory damages must be served on the other parties or their representatives at the time of filing. A party may file a pleading responding to the motion within the time limit established by the judge. (f) (g) (h) (1) Consider both the merits and the request for damages and issue a final decision; (2) Remand the case to the judge for a new initial decision, either on the request for damages only or on both the merits and the request for damages; or (3) Where there has been no prior proceeding before a judge, forward the request for damages to a judge for hearing and a recommendation to the Board, after which the Board will issue a fi

official document · source cfr-2024 · id 5:§ 1201.204