45 C.F.R. § 16.9
How the Board will promote development of the record
The Board may, at the time it acknowledges an appeal or at any appropriate later point, request additional documents or information; request briefing on issues in the case; issue orders to show cause why a proposed finding or decision of the Board should not become final; hold preliminary conferences (generally by telephone) to establish schedules and refine issues; and take such other steps as the Board determines appropriate to develop a prompt, sound decision.
Notes of Decisions
Cited in 3
cases, 2017–2019 · leading case: Commonwealth of Pennsylvania D v. United States, 897 F.3d 497 (3rd Cir. 2018).
Commonwealth of Pennsylvania D v. United States, 897 F.3d 497 (3rd Cir. 2018). “45 C.F.R. § 16.9 ("The Board may, at the time it acknowledges an appeal or at any appropriate later point, request additional documents or information .”
Pennsylvania, Dep't of Human Servs. v. United States Dep't of Health & Human Servs., 241 F. Supp. 3d 506 (M.D. Penn. 2017). “See 45 C.F.R. §§ 16.9 ,16.13. The Appeals Board’s practice manual provides that document requests by parties “must be particularized and based on a showing of need.”
Reaves v. U. S. Small Bus. Admin. (N.D. Tex. 2019). “45 C.F.R. § 16.9 . After the DAB has reviewed the file, the DAB or one of the parties may request a conference in which each party’s representative may make oral presentations and submit briefs.”
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