§ 708.33 - Procedure for appeals.  


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  • § 708.33 What is the procedure for an appeal?Procedure for appeals.

    (a) By the 15th day after filing a notice of appeal under § 708.32, the appellant must file a statement identifying the issues that it wishes the OHA Director to review. A copy of the statement must be served on the other parties, who may file a response by the 20th day after receipt of the statement. Any response must also be served on the other parties.

    (b) In considering the appeal, the OHA Director:

    (1) May initiate an investigation of any statement contained in the request for review and utilize any relevant facts obtained by such investigation in conducting the review of the initial agency decision;

    (2) May solicit and accept submissions from any party that are relevant to the review. The OHA Director may establish appropriate times to allow for such submissions;

    (3) May consider any other source of information that will advance the evaluation, provided that all parties are given an opportunity to respond to all third person submissions; and

    (4

    Will possess all powers necessary to adjudicate the appeal.

    (2) Will review findings of fact for clear error and conclusions of law de novo; and

    (3) Will close the record on appeal after receiving the last submission permitted under this section.