CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Single Topic for Decision 2583M

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Absent good cause, the Board will dismiss as without merit any initial exceptions filed by a prevailing party unless the Board’s ruling on the exceptions would change the outcome of the ALJ decision. The Board found good cause to consider the prevailing party’s initial exceptions in order to prevent the parties from being bound by an erroneous legal conclusion in the proposed decision should similar facts arise between them in the future. (pp. 2, 5-6)