Appeal to the Board; optional content; request for Board hearing; supplementing the record

record (Statutory reference: 31-249) (a) The Board usually decides appeals on the basis of the record established before the Referee, and does not generally conduct further hearings to take additional evidence or testimony, rehear evidence and testimony already presented to a Referee, or hear oral argument. However, if the Board determines that the ends of justice so require, the Board may order that a further hearing be scheduled before the Board or a Referee for such purposes as the Board may direct. Circumstances in which the Board may reach such a determination on any appeal may include, but are not limited to, the following: (1) the findings of fact contained in the decision appealed from are silent, incomplete, or erroneous on factual issues material to the review of the case; (2) the existence of substantially complex, significant or unusual issues of fact or law which are material to the review of the case; (3) the procedural conduct of the Referee's hearing appears to have materially denied any party a fair hearing; (4) for good cause shown, evidence or testimony material to the case was not presented at the hearing previously scheduled; (5) the case is a consolidated proceeding; (6) the ultimate decision will have significant precedential value. (b) Each appeal may include, under the separate heading of "request for board hearing," a statement requesting the Board to order the scheduling of a further hearing. Each such request should: (1) describe any evidence or testimony that the requesting party desires to introduce at such hearing, explain the importance of such evidence or testimony for review of the case and state how such evidence is likely to affect the outcome of the case; (2) indicate whether the evidence or testimony described in (1) above was presented at the hearing previously scheduled and (A) if such evidence or testimony was so presented, explain why an additional hearing is necessary, and (B) if such evidence was not so presented, explain why it was not; (3) if the opportunity for oral argument is alleged as a reason for such request, explain why such oral argument is alleged to be necessary for review of the case; (4) describe each other reason, if any, why the ends of justice require the scheduling of a further hearing. (c) The Board may refuse to grant a request for a Board hearing from any party who fails to show good cause for such party's failure to introduce the evidence, testimony or oral argument described in subsection (b) at the hearing previously scheduled. (d) If the Board grants a request for a Board hearing, advance notice of the hearing, and the attendant rights and responsibilities of the parties concerning such hearing, shall be mailed to the parties pursuant to the applicable provisions of these regulations. If the Board denies such request, the Board decision on the appeal shall specifically indicate denial of such request. (e) In any case in which the Board deems the record on review to be incomplete or deficient, the Board, on its own motion or at the request of any party, may notify the parties of its intent to supplement the record and may request any party to provide to the Board such evidence or argument as the Board may direct. In any case in which the Board supplements the record, it shall allow all parties a reasonable opportunity to object to the filing of additional evidence or argument, offer evidence or argument in rebuttal, or request a further evidentiary hearing.