TITLE 20 - EMPLOYEES' BENEFITS

CHAPTER VII - BENEFITS REVIEW BOARD, DEPARTMENT OF LABOR

SUBCHAPTER B - FEDERAL COAL MINE HEALTH AND SAFETY ACT OF 1969, AS AMENDED

PART 802 - RULES OF PRACTICE AND PROCEDURE

subpart d - COMPLETION OF BOARD REVIEW

802.407 - Reconsideration of Board decisions.

  (a) Any party-in-interest may, within 30 days from the filing of a decision or non-interlocutory order by a panel or the Board pursuant to 802.403(b), request reconsideration of such decision by those members who rendered the decision. The panel of members who heard and decided the appeal will rule on the motion for reconsideration. If any member of the original panel is unavailable, the Chariman shall designate a new panel member.

  (b) Except as provided in 801.301(d), a party may, within 30 days from the filing of a decision or non-interlocutory order by a panel of the Board pursuant to 802.403(b), suggest the appropriateness of reconsideration by the permanent members sitting en banc. Such suggestion, however, must accompany a motion for reconsideration directed to the panel which rendered the decision. The suggestion for reconsideration en banc must be clearly marked as such.

  (c) Except as provided in 801.301(d), even where no party has suggested reconsideration en banc, any permanent member may petition the permanent Board for reconsideration en banc of a panel decision.

  (d) Reconsideration en banc shall be granted upon the affirmative vote of the majority of permanent members of the Board. A panel decision shall stand unless vacated or modified by the concurring vote of at least three permanent members.