Incorporation of Documents from Another Proceeding

Section 101 Section 101.306  Incorporation of Documents from Another Proceeding a)         Upon the separate written request of any person or on its own initiative, the Board or hearing officer may incorporate materials from the record of another Board docket into any proceeding.  The person seeking incorporation must file the material to be incorporated with the Board in compliance with Section 101.302(h).  The person seeking incorporation must demonstrate to the Board or the hearing officer that the material to be incorporated is authentic, credible, and relevant to the proceeding.  Notice of the request must be given to all identified participants or parties by the person seeking incorporation. b)         The Board will give the incorporated matter the appropriate weight in light of the following factors: the standard of evidence under which the material was previously presented to the Board; the present purpose for incorporating the material; and the past and current opportunity for cross-examination of the matters asserted within the incorporated material.