§ 269b.520. Exceptions to hearing officer's report.
371 words·~2 min read·
/us/cfr/t12/s§ 269b.520·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any party may file with the panel exceptions to the hearing officer's report and recommendations, and any ruling contained therein, if made within 10 days after service of the report and recommendations. The Panel may, for good cause shown, extend the time for filing such exceptions upon written request, with copies served simultaneously on the other parties, received not later than 3 days before the date exceptions are due. Requests for oral argument will not be considered unless filed with exceptions.
(b)Any exception to a ruling, finding, conclusion, or recommendation which is not specifically urged shall be deemed to have been waived, although the panel may on its own motion rule upon any matter in the report and recommendations.
(c)Any exception which fails to comply with the following requirements may be disregarded:
(1)The exceptions shall set forth specifically the questions of procedure, fact, law, or policy to which exceptions are taken;
(2)The exceptions shall identify the part of the hearing officer's report to which objection is made;
(3)The exceptions shall designate by precise citation of page the portions of the record relied on, shall state the grounds for the exceptions, and shall include the citation of authorities unless set forth in a supporting brief.
(d)Any brief in support of exceptions shall contain no matter not included within the scope of the exceptions and shall contain in the order indicated, the following:
(1)A concise statement of the case containing all that is material to the consideration of the questions presented;
(2)A specification of the questions involved and to be argued;
(3)The argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page reference to the transcript and the legal or other material relied on.
(e)Answering briefs to the exceptions, and cross-exceptions and supporting briefs will not be permitted without special leave of the panel. Requests for oral argument will not be considered unless accompanying such petition for special leave.
(f)Five copies of exceptions and briefs must be filed with the panel along with a statement of service of copies of the exceptions and supporting briefs upon all parties.