Stipulations; official notice; consolidated proceedings

(a) The parties to a proceeding before the Board may stipulate to facts or procedures, and the Board may accept such stipulations if the Board determines such stipulations to be consistent with the actual facts, the law and these regulations. (b) The Board may take official notice of judicially cognizable facts and generally recognized, technical, or scientific facts within the Board's specialized knowledge. Any facts officially noticed shall be specifically identified as such in the Board's decision. Any party who (1) is aggrieved by a Board decision which incorporates a fact which was officially noticed by the Board but not specifically addressed at a hearing and (2) disputes such fact officially noticed may, pursuant to Sections 31-237g-49 and 31-237g-50 of these Regulations, file a motion to reopen such case for purposes of scheduling a further evidentiary hearing on such case. If the motion is timely filed and specifically alleges such conditions, the Board shall grant such motion. (c) For good cause, any number of proceedings before the Board may, at the initiative of the Board or at the request of a party, be consolidated for hearing, review or decision, provided that the board notifies the parties of its intention to consolidate and the reasons therefor and provides the parties a reasonable opportunity to object. A board decision to consolidate is not separately appealable but is subject to a motion to reopen or may be made an additional ground for appeal from the board's final decision on the merits. For purposes of this subsection, good cause includes, but is not limited to: (1) the facts and circumstances of each case are substantially similar, (2) the legal issues are related, (3) such consolidation will not unduly complicate the issues involved, (4) consolidation will aid the board in creating a more complete record or resolving complex or significant issues of fact or law, and (5) no substantial right of any party will be significantly prejudiced. (d) The board may request that a party sign a written stipulation which (1) waives such party's claim to an individual and separate hearing, review and decision; (2) appoints one or more individuals or entities to serve as representatives of such party for purposes of any hearing held; and (3) binds such party by the representation so afforded during such proceeding. Any stipulation for consolidation signed by a claimant at the time of his filing a claim for benefits or during a proceeding before the Referee which recites that the stipulation shall remain in effect during the pendency of any appeal before the Board shall be valid.