§ 126.13 - Notice of appeal and service.

§ 126.13 Notice of appeal and service.

(a) Notice of appeal. A party seeking review of the ALJ's decision must file a notice of appeal with the TSOB Docket Clerk via email electronically at [e-mail] or via certified U.S. mail at ATTN: TSOB Docket Clerk, Office of the General Counsel, Department of Homeland Security, Washington, DC, 20528-0485. A notice of appeal must be filed within 60 calendar days of the date of issuance of the ALJ's written decision.

(b) Service. To file any document with a TSOB Review Panel, a party must send the document to the TSOB Docket Clerk via email electronically at [e-mail], or via certified U.S. mail at ATTN: TSOB Docket Clerk, Office of the General Counsel, Department of Homeland Security, Washington, DC, 20528-0485. Parties are strongly encouraged to file all documents and consent to electronic service via email. . A party may consent to electronic service by filing a document expressly stating such a preference with the TSOB Docket Clerk and serving a copy on all other parties. Any document filed with the TSOB Docket Clerk (except a notice of protected information, the administrative record, ex parte motions, and documents containing classified information, Sensitive Security Information (SSI), or other protected information that accompany accompanies a motion to supplement the record) must also be served on all other parties by certified U.S. mail or emailelectronically/electronic service.

(c) Filing date. For purposes of all deadlines in this part, the date of filing of a notice of appeal or any document filed with a TSOB Review Panel is the date on which the document is received by the TSOB Docket Clerk.

(d) Untimely appeals. A TSOB Review Panel must reject and summarily dismiss a notice of appeal that is filed more than 60 calendar days after the date of issuance of the ALJ's written decision. A TSOB Review Panel may, in its discretion, accept an untimely notice of appeal upon a written showing of good cause for failure to meet the filing deadline.

(e) Failure to perfect the appeal. A TSOB Review Panel may dismiss an appeal, on its own initiative or upon motion of any party, when a party has filed a notice of appeal but failed to perfect the appeal by timely filing a brief in accordance with § 126.23.

(f) Effect of dismissal of appeal. Where an appeal is dismissed in accordance with paragraph paragraphs (d) or (e) of this section the ALJ's written decision becomes final.