§ 6101.25 - Decisions and settlements[Rule 25].

6101.25 Decisions ; and settlements[Rule 25].

(a) Decisions.

(1) Except as provided in 6101.52 (Rule 52) (small claims procedure), decisions of the Board will be made in writing upon the record as prescribed in 6101.9 (Rule 9). The Board may also take notice of any fact or law of which a court could take judicial notice. Each of the parties will be furnished a copy of the decision certified by the Office of the Clerk of the Board, and the date of the receipt thereof by each party will be established in the record. In addition, all Board decisions are posted weekly on the Internet. The Board's Internet address is: http://www.cbca.gov.

(2) In its decision, the Board may reserve determination of the amount of recovery for other proceedings, regardless of whether there is evidence in the record concerning the amount of recovery, provided the Board notified the parties before the hearing began that its decision would not address the amount of any recovery. In any instance in which the Board has reserved its determination of the amount of recovery for other proceedings, as provided in 6101.21(a)(4) (Rule 21(a)(4)), its decision on the question of the right to recover shall be final so far as proceedings at the Board are concerned, subject to the provisions of 6101.26 through 6101.28 (Rules 26 through 28

The Board issues decisions in writing, except as allowed by Rule 52 (48 CFR 6101.52). The Board will send a copy of a decision to each party, requesting confirmation of receipt (see Rule 1 (48 CFR 6101.1)), and will post the decision on its website. If a decision reserves any part of a case for later proceedings, it is conclusive as to the matters it resolves, except as provided in Rules 26 and 28 (48 CFR 6101.26 and 6101.28).

(b) Settlements. When an appeal or application is settled, the parties may file with the Board a stipulation setting forth the amount of the Parties may settle a case by stipulating to an award. The Board will adopt the parties' stipulation by decision, provided the stipulation states the parties will not may issue a decision making the stipulated award if:

(1) The Board is satisfied that it has jurisdiction; and

(2) The stipulation states that no party will seek reconsideration of,

or

seek relief from,

the Board's decision, and they will not

or appeal the

decision. The

Board's decision

under this paragraph (b) is an adjudication of the case on the merits

.

[72 FR 36795, July 5, 2007,, as amended at 76 FR 50928, Aug. 17, 2011]