36 CFR 214.17 – Appeal record
(a) Location. The Appeal Deciding Officer shall maintain the appeal record in one location.
Terms Used In 36 CFR 214.17
- 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.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) Contents. The appeal record shall consist of information filed with the Appeal Deciding Officer, including the appealable decision, appeal, intervention request, responsive statement, reply, oral presentation summary or transcript, procedural orders and other rulings, and any correspondence or other documentation related to the appeal as determined by the Appeal Deciding Officer.
(c) Closing of the record. (1) The Appeal Deciding Officer shall close the appeal record on:
(i) The day after the date the reply to the responsive statement is due if no oral presentation is conducted;
(ii) The day after the oral presentation is conducted if no transcript of the oral presentation is being prepared; or
(iii) The day after the date a transcript of the oral presentation is due if one is being prepared.
(2) The Appeal Deciding Officer shall notify all parties to the appeal of closing of the record.
(d) Inspection by the public. The appeal record is open for public inspection in accordance with the Freedom of Information Act, the Privacy Act, and 7 CFR part 1.