Rule 28.1: Record of Proceedings
(a) Preparation of the Record of Proceedings.
(1) Preparation and contents. The Secretary shall prepare and file the record of proceedings. The record of proceedings shall contain:
(A) the Board decision(s) being appealed;
(B) any document from the record before the agency cited in a brief, in its entirety, with any associated envelope or date stamp if relevant (See Practitioner's Note to Rule 28(a)(4)(ii)); and,
(C) any other documents before the Secretary and the Board that are relevant to the issues before the Board that are on appeal to the Court or relevant to issues otherwise raised in the appeal.
(2) Arrangement and pagination. The record of proceedings shall have a cover containing the official caption of the appeal and shall be arranged and paginated in the same order as the documents appeared in the record before the agency. Because certain documents in the record before the agency may not be included in the record of proceedings, this arrangement may result in pages not having consecutive numbers, e.g., page 22 may be followed immediately by page 43.
(3) Time for filing. The Secretary shall file and serve the record of proceedings on all parties not later than 14 days after the reply brief is filed and served, or if no reply brief is filed, not later than 14 days after the reply brief was due in accordance with Rule 31(a)(3) (Time Limits for Filing and Service of Briefs). See also Rule 47(b) (Expedited Proceedings-Filing and Service of Documents), as applicable.
(b) Disputes. If any dispute arises as to the preparation or contents of the record of proceedings, the Court, on its own initiative or on motion of any party, will resolve the matter. Any party's motion shall be filed within 14 days after the record of proceedings has been served and shall describe the good faith efforts that have been made to resolve the dispute. An opposing party may file a response to such a motion not later than 7 days after the motion is served.
(c) Additional Record Material. The Court may direct any party to file additional record material.Back