§ 102.153 - Administrative law judge's decision; contents; service; transfer of case to the Board; contents of record in case.  


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  • § 102.153 Administrative law judgeLaw Judge's decision; contents; service; transfer of case to the Board; contents of record in case.

    (a) Upon conclusion of proceedings under §§ 102.147 to through 102.152, the administrative law judge shall Administrative Law Judge will prepare a decision. The decision shall , which will include written findings and conclusions as necessary to dispose of the application. The administrative law judge shall file the original of his decision with the Board and cause a copy thereof to be served on each of the parties. Upon the filing Administrative Law Judge will transmit the decision to the Board. Upon receipt of the decision, the Board shall will enter an order transferring the case to the Board and shall will serve copies of the order, setting forth the date of such transfer, on all the parties . Service of the administrative law judgeJudge's decision and of the order transferring the case to the Board shall be complete upon mailingBoard's order, setting forth the date of the transfer.

    (b) The record in a proceeding on an application for an award of fees and expenses shall include includes the application and any amendments or attachments thereto, the net worth exhibit, the answer and any amendments or attachments thereto, any reply to the answer, any comments by other parties, motions, rulings, orders, stipulations, written submissions, the stenographic transcript of any oral argument, the stenographic transcript of any hearing, exhibits, and depositions, together with the administrative law judgeAdministrative Law Judge's decision and exceptions, any cross-exceptions or answering briefs as provided in § 102.46, and the record of the adversary adjudication upon which the application is based.

    [82 FR 11783, Feb. 24, 2017]