634. ATTORNEY FEES

634 PETITIONS FOR REVIEW 634.1 Any party to the proceeding may serve and file a petition for review of an initial decision with the Board within thirty-five (35) calendar days of issuance of the initial decision. 634.2 Within thirty-five (35) calendar days after the filing of the petition for review, any party may file an answer. 634.3 The petition for review shall set forth objections to the initial decision supported by reference to the record. The Board may grant a petition for review when the petition establishes that: (a) New and material evidence is available that, despite due diligence, was not available when the record closed; (b) The decision of the Administrative Judge is based on an erroneous interpretation of statute, regulation or policy; (c) The findings of the Administrative Judge are not based on substantial evidence; or (d) The initial decision did not address all material issues of law and fact properly raised in the appeal. 634.4 Any objections or legal arguments which could have been raised before the Administrative Judge, but were not, may be considered waived by the Board. 634.5 The Board may review an initial decision on its own motion within thirty-five (35) days of issuance of the initial decision. 634.6 The Board may order oral argument on its own motion or on motion filed by any party. 634.7 The Board may affirm, reverse, remand, modify or vacate the initial decision, in whole or in part. Where appropriate, the Board shall issue a final decision and order a date for compliance. 634.8 The Board's decision on whether to grant or deny a petition for review shall be by public vote. However, the Board's final decision shall be the written opinion and order. 634.9 An employee or agency may appeal a final decision in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978, D.C. Code § 1-601.1 et seq. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).