Title 20--EMPLOYEES' BENEFITS
Chapter VII--BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR


part. 801.2 Definitions and use of terms. 801.3 Applicability of this part to 20 CFR part 802. Establishment and Authority of the...


definitions apply: (1) Acts means the several Acts listed in Sec. Sec. 801.102 and 802.101 of this chapter, as amended and extended, unless otherwise specified. ...


procedure of the Board. This part 801, including the definitions and usages contained in Sec. 801.2, is applicable to part 802 of this chapter as appropriate. ...


(33 U.S.C. 921), there was established effective November 26, 1972, a Benefits Review Board, which is composed of members appointed by the Secretary...


a substantial question of law or fact taken by any party in interest from decisions or orders with respect to claims for compensation or benefits arising under the...


involve review of decisions made in the course of the administration of the above statutes by the Employment Standards Administration in the Department of Labor. It...


effective operation of the Benefits Review Board as an independent quasi-judicial body in accordance with the provisions of the statute. ...


who are especially qualified to serve thereon. Each permanent member shall serve an indefinite term subject to the discretion of the Secretary. (b) The...


perform his or her duties as prescribed in this chapter VII, he or she shall designate a permanent member to serve as Acting Chairman until such time as the Secretary...


be subject to the Department's regulations governing ethics and conduct set forth at 20 CFR part 0. (b) Notice of any objection which a party may have to any Board...


Acts, whenever action is taken by the entire permanent Board sitting en banc, three permanent members of the Board shall constitute a quorum, and official action of the...


any judicial review of its orders, and such amendments to the rules as may be necessary from time to time, shall be promulgated by the Deputy Secretary. Such rules...


20210, unless for good cause the Board orders that proceedings in a particular matter be held in another location. [62 FR 10666, Mar....


except [[Page 1046]] Saturdays, Sundays, and legal holidays, for the purpose of receiving notices of appeal, petitions for review, other pleadings, motions,...


Programs, a deputy commissioner, or an administrative law judge before the Board, such representation shall be provided by attorneys designated by the Solicitor of...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR801.402] [Page 1046] TITLE 20--EMPLOYEES' BENEFITS CHAPTER VII--BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR PART 801_ESTABLISHMENT AND OPERATION OF THE BOARD--Table of Contents Sec. 801.402 Representation of Board in court proceedings. Except in proceedings in the Supreme Court of the United States, any representation of the Benefits Review Board in court proceedings shall be by attorneys designated by the Solicitor of Labor. ...


Provisions Introductory Sec. 802.101 Purpose and scope of this part. 802.102 Applicability of part 801 of...


rules of general applicability covering the composition, authority, and operation of the Benefits Review Board and definitions applicable to this chapter. The provisions...


the LHWCA, the Board shall have power to preserve and enforce order during any proceedings for determination or adjudication of entitlement to compensation or benefits or...


consolidated for purposes of an appeal upon the motion of any party or upon the Board's own motion where there exist common parties, common questions of law or fact or both,...


and sections 415 and 422 of the Black Lung Benefits Act, the payment of the amounts required by an award of compensation or benefits shall not be stayed or in any way...


(a) A party. (1) Any party or party-in-interest adversely affected or aggrieved by a decision or order issued pursuant to one of the Acts over which the Board has...


(a) Appearances. Any party or intervenor or any representative duly authorized pursuant to Sec. 802.201(b) may appear before and/or submit written argument to...


the successful pursuit or successful defense of an appeal shall be valid unless approved pursuant to 33 U.S.C. 928, as amended. (b) All fees for services rendered in...


the U.S. Department of Labor, Benefits Review Board, P.O. Box 37601, Washington, DC 20013-7601, or otherwise presented to the Clerk of the Board at 200 Constitution Avenue,...


within 30 days from the date upon which a decision or order has been filed in the Office of the Deputy Commissioner pursuant to section 19(e) of the LHWCA or in such...


reconsideration of a decision or order of an administrative law judge or deputy commissioner shall suspend the running of the time for filing a notice of appeal. (b)(1) In...


the Board. (a) Date of receipt. (1) Except as otherwise provided in this section, a notice of appeal is considered to have been filed only as of the date it is received...


information: (1) The full name and address of the pettioner; [[Page 1052]] (2) The full name of the injured, disabled, or deceased employee; (3)...


or upon request of the Board, the deputy commissioner or other office having custody of such record shall immediately forward to the Clerk of the Board the official record...


appeal, the Clerk of the Board shall as expeditiously as possible notify the petitioner and all other parties and the Solicitor of Labor, in writing, that a notice of appeal...


a notice of appeal issued pursuant to Sec. 802.210, the petitioner shall submit a petition for review to the Board which petition lists the specific issues to be considered...


for review, each party upon whom it was served may submit to the Board a brief, memorandum, or other statement in response to it. (b) Arguments in response briefs shall...


statement submitted in response to the petition for review pursuant to Sec. 802.212, any party upon whom it was served may file a brief, memorandum, or other statement in reply...


intervene that his, her, or its rights are affected by any proceeding before the Board, the Board may permit that person or legal entity to intervene in the proceeding and...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR802.215] [Page 1053] TITLE 20--EMPLOYEES' BENEFITS CHAPTER VII--BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR PART 802_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart B_Prereview Procedures Sec. 802.215 Additional briefs. Additional briefs may be filed or ordered in the discretion of the Board and shall be submitted within time limits specified by the Board. ...


of appeal, petitions for review, briefs and motions, shall be secured at the top and shall have a caption, title, signature of the party (or his attorney or...


submitting papers described in this part, except that for submitting a notice of appeal, may be enlarged for a reasonable period when in the judgment of the Board an...


due pursuant to this part, may, in the discretion of the Board, constitute a waiver of the right to further participation in the proceedings. (b) When a petition for...


be by motion in writing. A motion shall state with particularity the grounds therefor and shall set forth the relief or order sought. (b) A motion shall be a...


is not represented by an attorney shall comply with the procedural requirements contained in this part, except as otherwise specifically provided in Sec. 802.211(e). In...


by these rules, by direction of the Board, or by any applicable statute which does not provide otherwise, the day from which the designated period of time begins...


(a) The Benefits Review Board is not empowered to engage in a de novo proceeding or unrestricted review of a case brought before it. The Board is authorized to review the findings...


be maintained by the Board. Each proceeding shall be assigned a number in chronological order upon the date on which a notice of appeal is received. Correspondence or...


to Sec. 802.306, the Board shall proceed to review the record of the case as expeditiously as possible after all briefs, supporting statements, and other...


(a) When there is a novel issue not previously considered by the Board; or (b) When in the interests of justice oral argument will serve to assist the Board in...


the expiration of 20 days from the date of receipt of the response brief provided by Sec. 802.212, any party may request oral argument. The Board on its own motion may...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR802.306] [Page 1056] TITLE 20--EMPLOYEES' BENEFITS CHAPTER VII--BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR PART 802_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart C_Procedure for Review Sec. 802.306 Action on request for oral argument. As expeditiously as possible after the date upon which a request for oral argument is received, the Board shall determine whether the request shall be granted or denied. ...


approved or where oral argument has been ordered, the Board shall give all parties a minimum of 30 days' notice, in writing, by mail, of the scope of argument and of the...


the Board orders otherwise, and shall be conducted at a time reasonably convenient to the parties. For good cause shown, the presiding judge of the panel may, in his or...


at the time and place set for argument shall not be the occasion for delay of the proceeding. In such event, argument on behalf of other parties may be heard and...


(a) At any time prior to the issuance of a decision by the Board, the petitioner may move that the appeal be dismissed. If granted, such motion for dismissal shall...


upon the Board's own motion, an appeal may be dismissed upon its abandonment by the party or parties who filed the appeal. Within the discretion of the Board, a party may...


expeditiously as possible after the completion of review proceedings before the Board. The transmittal of the decision of the Board shall indicate the availability of...


modify, vacate or reverse the decision or order appealed from, and may remand the case for action or proceedings consistent with the decision of the Board. The consent...


be initiated and such other action shall be taken as is directed by the Board. (b) By a court. Where a case has been remanded by a court, the Board may...


this subpart shall become final 60 days after the issuance of such decision unless a written petition for review praying that the order be modified or set aside, pursuant...


days from the filing of a decision or non-interlocutory order by a panel or the Board pursuant to Sec. 802.403(b), request reconsideration of such decision by those members...


of a decision or order, he or she shall do so in writing, in the form of a motion, stating the supporting rationale for the request, and include any...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR802.409] [Page 1058] TITLE 20--EMPLOYEES' BENEFITS CHAPTER VII--BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR PART 802_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart D_Completion of Board Review Sec. 802.409 Grant or denial of request. All requests for reconsideration shall be reviewed by the Board and shall be granted or denied in the discretion of the Board. Judicial Review ...


the Board has been filed pursuant to Sec. 802.403(b), any party adversely affected or aggrieved by such decision may file a petition for review with the appropriate U.S. Court...


[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR802.411] [Page 1058] TITLE 20--EMPLOYEES' BENEFITS CHAPTER VII--BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR PART 802_RULES OF PRACTICE AND PROCEDURE--Table of Contents Subpart D_Completion of Board Review Sec. 802.411 Certification of record for judicial review. The record of a case including the record of proceedings before the Board shall be transmitted to the appropriate court pursuant to the rules of such court. [[Page 1059]] ...




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