Rules of Practice and Procedure effective September 15, 2011 - page 11

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RULE 10. RECORD BEFORE THE AGENCY
(a) Record Before the Agency.
Not later than 60 days
following the notice of docketing, the Secretary shall:
(1) copy all materials that were contained in the claims
file on the date the Board issued the decision from which the
appeal was taken;
(2) copy any other material from the record before the
Secretary and the Board relevant to the Board decision on
appeal (Note: material postdating the Board decision on appeal
generally will not be included in the record before the agency);
(3) assemble and paginate all documents, keeping
attachments with their respective document. The decision of
the Board from which the appeal was taken shall be the first
document, followed by a list of any record matter that cannot
be duplicated. The assembled document is the record before
the agency;
(4) serve a copy of the record before the agency on the
appellant; and
(5) submit under a separate docket entry a notice with
the Clerk certifying that the record before the agency has been
served.
(b) Disputes.
If any dispute arises as to the
preparation or content of the record before the agency, the
Court, on motion of any party, will resolve the matter. Any
motion shall describe the good faith efforts that the parties have
made to resolve the dispute and shall be submitted to the Clerk
to be filed within 14 days after the record before the agency has
been served. An opposing party may submit to the Clerk for
filing a response to such a motion within 7 days after the
motion is served.
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