Review and decision by the Board

(a) If the Board determines that a hearing is necessary upon any appeal before the Board, such a hearing shall be scheduled and proceedings conducted in accordance with the provisions of Sections 31-237g-52–31-237g-60 of these regulations prior to the review and consideration of the appeal in accordance with subsection (b) through (d) of this section provided in any case before the Board, the Board may delegate to a Referee or other qualified employee of the appeals division the taking or hearing of evidence in accordance with the applicable provisions of these regulations. (b) Any appeal, motion or request to the Board may be reviewed and considered by any member of the Board, provided the decision on each appeal, motion, or request to the Board shall, unless otherwise specified in these regulations, issue by a majority vote of the Board except that the full Board shall decide each appeal wherein a request for decision by the full Board was timely filed, or by statute, the full Board is required to decide such appeal. In any case before the Board, the Board or any of its members may have the assistance and advice of any Referee, legal intern, staff member, Staff Assistant, or any other person duly authorized by the Chairman except that no such person shall provide advice in any matter before the Board in which that person previously participated at the Referee level. (c) Except as provided in Section 31-237g-41 and 31-237g-42 of these regulations, each appeal to the Board shall be reviewed in accordance with this section without undue delay following the expiration of time specifically allowed, pursuant to these regulations, for the exercise of rights concerning such appeal. Except as provided in subsection (d) below, each appeal shall be reviewed on the basis of the records in the appeal file including, but not limited to (1) the records obtained from the Administrator; (2) all appeals and accompanying materials filed with the Appeals Division; (3) all timely filed written arguments concerning such appeals; (4) all documents and exhibits admitted into evidence at a hearing before the Appeals Division. The Board's review, consideration and decision of an appeal need not, however, be limited to the issues or claims raised by the parties to such appeal. (d) The tape or transcript of any hearing before the Referee on an appeal before the Board may be reviewed prior to the issuance of the Board's decision on such appeal, provided such tape or transcript of the Referee's hearing shall be reviewed prior to the issuance of the Board's decision on any appeal in which the appealing party alleges that a material question exists concerning the Referee's findings of fact or the procedural conduct of the hearing held before the Referee. In addition, if a hearing was held by a referee at the direction of the Board, the hearing record of such hearing and the record of any preceding hearing held by the Appeals Division on such appeal shall be reviewed prior to the issuance of the Board decision.