Rules of Practice and Procedure effective September 15, 2011 - page 41

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RULE 37. RETENTION REQUIREMENTS FOR
DOCUMENTS
(a) Represented Parties.
When the appellant or
petitioner is represented, the representative shall retain copies
of the record before the agency, all documents filed with the
Court by the parties or any intervenor or amicus curiae, and all
actions issued by the Court.
(b) Self-Represented Parties
. When the appellant or
petitioner is self-represented, the Secretary shall retain copies
of the record before the agency, all documents filed with the
Court by the parties or any intervenor or amicus curiae, and all
actions issued by the Court.
(c) Duration of Retention.
Documents described in
subsections (a) and (b) shall be retained for not less than one
year after all proceedings are concluded, including those
concerning attorney fees and expenses.
RULE 38. FRIVOLOUS FILINGS; FAILURE TO ACT
(a) Frivolous Filings.
If the Court determines that an
appeal, petition, motion, or other filing is frivolous, it may,
after a separately filed motion by a party or notice from the
Court and reasonable opportunity to respond, enter such order
as it deems appropriate, to include sanctions, dismissal of the
appeal, or reduction in any award under 28 U.S.C. § 2412(d).
(b) Failure To Act.
Failure to take any step under
these Rules, or to comply with an order of the Court, may be
grounds for such action as the Court deems appropriate,
including dismissal of the appeal or assessment of costs.
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