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(3) Provide any additional substantiating matter relative to the appeal which they may wish to have reviewed prior to a hearing. 8 11-60.336 Submission without a hear

ing. (a) The parties by agreement may elect to waive a hearing and to submit the case upon the Board record, as settled pursuant to § 11-60.339. In the event of such election to submit, the submission may be supplemented by oral argument (transcribed if requested), and/or by briefs.

to be received by the Board at least 15 days prior to the date set for hearing, and a copy shall simultaneously be furnished to the other party. § 11-60.330 Preliminary review by

Board. (a) In order to expedite the appeal and to eliminate unnecessary proceedings with respect thereto, the Chairman shall set a date for, and the Board, sitting in executive session, shall conduct a preliminary review of the case.

(b) The Board shall:

(1) Consider the appeal on the record, which shall include all pleadings, briefs, documents, exhibits and materials submitted by the parties.

(2) Determine which claims of the appellant in the Board's judgment find support in the record and are prima facie allowable and in what amount and submit preliminary findings with respect to those claims to the appellee and its counsel. Within 10 days appellee's counsel shall notify the Board whether or not the appellee accepts the Board's determination with respect to specific claims or whether the appellee believes that further proceedings thereon are required.

(3) Note whether certain claims require clarification.

(4) Notify the appellant in writing, with a copy to the appellee, regarding the following:

(i) Each claim referred to in subparagraph (2) of this paragraph and the amount thereof not contested by the appellee.

(ii) That further proceedings before the Board with respect to any particular claim allowed in full shall not be had unless the appellant is of the view that further proceedings thereon are relevant and pertinent to the appeal as a whole.

(iii) That certain issues are still in controversy. $ 11-60.333 Response to notification of

results of pre-hearing review. (a) Upon receipt of the pre-hearing advice specified in § 11-60.330(b) (4), the parties shall:

(1) Advise the estimated length of time required for their presentations at an oral hearing before the Board.

(2) Furnish the names, addresses, and capacities of persons, including witnesses, expected to be present in their behalf.

§ 11-60.339 Settling of the record.

(a) A case submitted on the record pursuant to § 11-60.336 shall be ready for decision when the parties are so notified by the Board.

(b) A case which is heard shall be ready for decision 10 days after receipt of transcript, or upon receipt of posthearing briefs when such briefs are to be submitted.

(c) At any time prior to the date that a case is ready for decision, either party upon notice to the other, may supplement the record with documents and exhibits deemed relevant and material by the Board. The Board upon its own initiative may call upon either party, with appropriate notice to the other, for evidence deemed by it to be relevant and material. The weight to be attached to any evidence of record shall rest within the sound discretion of the Board.

(d) At any time prior to the date that a case is ready for decision either party may at any stage of the proceeding, on notice to the other party, raise objection to material in the record or offered into the record, on the grounds of relevancy and materiality.

(e) The Board record shall consist of documentation described in § 11-60.312 and any additional material received by the Board pursuant to the rules in this part including pleadings, pre-hearing briefs, record of preliminary review or pre-submission conferences, depositions, interrogatories, admissions, transcripts of hearing, hearing exhibits, and posthearing briefs.

(f) This record will at all times be available for inspection by the parties at the office of the Board at Coast Guard Headquarters, Washington, D.C. In the interest of convenience, prior arrange

ments for inspection of the record should proceedings shall be had thereon as probe made with the Recorder of the Board. vided in paragraph (d) of this section. Copies of material in the record may, if

(d) By written interrogatories. When practicable, be furnished to appellant at

either party desires to take the testimony the cost of reproduction.

of any person by deposition upon written § 11-60.342 Depositions.

interrogatories, the moving party shall

serve them upon the other party with (a) When depositions may be taken.

a notice stating the name and address After an appeal has been docketed the

of the person who is to answer them and Board may, upon application of either

the name, address and title of the person party or upon agreement by the parties,

before whom the deposition is to be permit the taking of the testimony of

taken. Within 15 days thereafter, the any person, by deposition upon oral ex

party so served may serve cross-interamination or written interrogatories, for

rogatories upon the moving party. A use as evidence in the appeal proceedings.

copy of the notice and copies of all interLeave to take a deposition will ordinarily

rogatories served shall be delivered by be granted when it appears that it is

the moving party to the person before impracticable to present deponent's testi

whom the deposition is to be taken, and mony at the hearing of the appeal, or

the latter shall proceed promptly to take when a hearing has been waived and the

the testimony of the witness in response case submitted pursuant to. $ 11–60.336.

to the interrogatories. (b) Before whom taken. Depositions to be offered in evidence before the Board

(e) Form and return of deposition. may be taken before and authenticated Each deposition should show the docket by any person authorized by the laws number and the caption of the proceedof the United States, or by the laws of

ings, the place and date of taking, the the place where the deposition is taken,

name of the witness, and the names of to administer oaths, or by a Coast Guard

all persons present. The person taking officer under authority in Article 10–1–9

the deposition shall certify thereon that of U.S. Coast Guard Regulations pro

the witness was duly sworn by him and mulgated pursuant to section 636 of title

that the deposition is a true record of 14 U.S. Code, 63 Stat. 545, and Article

the testimony given by the witness, and 136, Uniform Code of Military Justice,

he shall enclose the original deposition 10 U.S.C. 936, 70A Stat. 77.

and exhibits in a sealed package which (c) By oral examinations. When

he shall promptly forward at the expense either party desires to take the testimony

of the moving party, to the Recorder,

Coast Guard Board of Contract Appeals, of any person by deposition upon oral

Coast Guard Headquarters, Washington, examination, the moving party shall give

D.C., 20226. the other party at least 15 days written

(f) Introduction in evidence. No notice of the time and place where such

testimony taken by deposition shall be deposition is proposed to be taken, the

considered as part of the evidence in name, address, and title of the person be

the hearing of an appeal unless and until fore whom it is proposed to be taken, and such testimony is offered and received the name and address of the witness. in evidence at the hearing. It will not This notice is unnecessary in any case ordinarily be received in evidence if the where the deposition has been sched- deponent is present and can testify peruled by mutual agreement. If the party sonally at the hearing. In such case, it so served finds it impracticable to ap- can, however, be utilized to contradict or pear at the taking of the deposition, in impeach the testimony of deponent as person or by counsel, he shall promptly a witness. If the opportunity to be so notify the moving party who shall heard has been waived and the case submake available to him a copy of the mitted pursuant to § 11-60.336, the depevidence given at the deposition. Within osition shall be deemed to be part of the 15 days after receipt of such copy, the record before the Board.

f 11-60.345 Interrogatories to parties :

inspection of documents; admission

of facts. (a) Under appropriate circumstances, but not as a matter of course, the Board will entertain applications for permission to serve written interrogatories upon the opposing party, applications for an order to produce and permit the inspection of designated documents, and applications for permission to serve upon the opposing party a request for the admission of specified facts. Such applications shall be reviewed and approved only to the extent and upon such terms as the Board in its discretion considers to be consistent with the objective of securing just and inexpensive determination of appeals without unnecessary delay, and essential to the proper pursuit of the objective in the particular case. $ 11-60.348 Service of papers.

(a) Service of papers in all proceedings pending before the Board, may be made personally, or by mailing the same in a sealed envelope, registered, or certified, postage prepaid, addressed to the party upon whom service shall be made and the date of delivery as shown by return receipt shall be the date of service. Waiver of the service of any papers may be noted thereon or on a copy thereof or on a separate paper, signed by the parties and filed with the Board.

a

Subpart 11-60.4Appeals Hearings require evidence in addition to that

offered by the parties. § 11-60.400 Where and when held.

$ 11-60.412 Examination of witnesses. (a) Hearings will ordinarily be held in Washington, D.C., except that upon

(a) Witnesses before the Board will request seasonably made and upon good

be examined orally under oath or affircause shown, the Board may in its dis- mation, unless the facts are stipulated, cretion set the hearing at another loca

or the Board shall otherwise order. tion. Hearings will be scheduled at the

(b) If the testimony of a witness is discretion of the Board with due con

not given under oath, the Board may, sideration to the regular order of appeals

if it seems expedient, warn the witness and other pertinent factors. However,

that his statements are subject to the the Board may, on its own motion, or on

provisions of Title 18, United States the motion of a party, advance or defer

Code, sections 287 and 1001, and any a scheduled hearing.

other provisions of law imposing penal

ties for knowingly making false repre$ 11-60.403 Notice of hearings.

sentations in connection with claims (a) The parties shall be given at least against the United States or in any mat15 days notice of the time and place set ter within the jurisdiction of any departfor hearings. In scheduling hearings, ment or agency thereof. the Board will give due regard to the

$ 11-60.415 Copies of papers. desires of the parties, and to the requirement for just and inexpensive determi

(a) When books, records, papers, or nation of appeals without unnecessary

documents have been received in evidelay.

dence, a true copy thereof or of such part

thereof as may be material or relevant $ 11-60.406 Unexcused absence of

may be substituted therefor, during the party.

hearing or at the conclusion thereof. (a) The unexcused absence of a party at the time and place set for hearing

§ 11-60.418 Post-hearing briefs. will not be occasion for delay. In the (a) Post-hearing briefs may be subevent of such absence, the hearing will mitted upon such terms as may be agreed proceed and the case will be regarded as upon by the parties and the Board at the submitted by the absent party without conclusion of the hearing Ordinarily a hearing, as provided in § 11-60.336. they will be simultaneous briefs, ex§ 11-60.409 Nature of hearings.

changed within 20 days after receipt of

transcript. (a) Hearings shail be as informal as may be reasonable and appropriate un

$ 11-60.421 Transcript of proceedings. der the circumstances. Appellant and (a) Testimony and argument at hearappellee may offer at a hearing on the ings shall be reported verbatim, unless merits such evidence as they deem ap- the Board otherwise orders. Transcripts propriate, subject however, to the sound of the proceedings shall be supplied to the discretion of the Board. In general, appellant at such rates as may be fixed admissibility will hinge on relevancy and by contract between the Board and the materiality. Letters or copies thereof, independent reporter. If the proceedings affidavits, or other evidence not ordi- are reported by an employee of the Govnarily admissible under the generally ernment, the appellant may receive tranaccepted rules of evidence, may be ad- scripts thereof under the conditions set mitted in the discretion of the Board. forth in Subpart 1.25 of Title 33, Code The weight to be attached to evidence of Federal Regulations. presented in any particular form will be with the discretion of the Board, taking

§ 11-60.424 Withdrawal of exhibits. into consideration all circumstances of (a) After a decision has become final the particular case.

the Board may, upon request and after (b) Stipulations of fact agreed upon notice to the other party, in its discretion by the parties may be regarded and used permit the withdrawal of original exas evidence at the hearing. The parties hibits, or any part thereof, by the party may stipulate the testimony that would entitled thereto. The substitution of be given by a witness if the witness were true copies of exhibits or any part therepresent. The Board may in any case of may be required by the Board in its discretion as a condition of granting permission for such withdrawal. § 11-60.427 Representation of parties.

(a) An individual appellant may appear before the Board in person, a corporation, by an officer thereof; a partnership or joint venture, by a member thereof; or any of these, by an attorney at law duly licensed in any State, Commonwealth, Territory, or in the District of Columbia.

(b) The appellee's counsel shall file notices of appearance with the Board, and notice thereof will be given appellant or his attorney in the form specified by the Board from time to time. § 11-60.430 Decisions.

(a) Decisions of the Board shall be made in writing and authenticated copies thereof will be forwarded simultaneously to both parties. The rules under which the Board functions and the Board's final orders and decisions (except those required for good cause to be held confidential and rot cited as precedents) shall be open for public inspection at the offices of the Board, at Coast Guard Headquarters, in Washington, D.C.

(b) Decisions of the Board will be based upon the record.

(c) Whenever at any time it appears that the parties are in agreement as to the disposition of the controversy, the Board may in its discretion, dispose of the controversy in accordance with that agreement. § 11-60.433 Motion for reconsideration.

(a) A motion for reconsideration, if filed by either party, shall set forth specifically the ground or grounds relied upon to sustain the motion and shall be filed within 30 days from the date of the receipt of a copy of the decision of the Board by the party filing the motion.

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