10 CFR 708.33 – Procedure for appeals
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(a) By the 15th day after filing a notice of appeal under § 708.32, the appellant must file a statement identifying the issues that it wishes the OHA Director to review. A copy of the statement must be served on the other parties, who may file a response by the 20th day after receipt of the statement. Any response must also be served on the other parties.
Terms Used In 10 CFR 708.33
- 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.
(b) In considering the appeal, the OHA Director:
(1) Will possess all powers necessary to adjudicate the appeal.
(2) Will review findings of fact for clear error and conclusions of law de novo; and
(3) Will close the record on appeal after receiving the last submission permitted under this section.