Rule 10: Designation of Record Before the Agency
(a) Record Before the Agency. Not later than 60 days following the Notice of Docketing, the Secretary shall:
(1) copy all materials that were contained in the claims file on the date the Board issued the decision from which the appeal was taken;
(2) copy any other material from the Record before the Secretary and the Board relevant to the issues listed in the Board decision on appeal (Note: material postdating the Board decision on appeal generally will not be included in the Record Before the Agency);
(3) prepare a list of any record matter that cannot be duplicated;
(4) assemble and paginate the materials copied and the list specified in paragraph (3) of this subsection so that the first document is the decision of the Board from which the appeal was taken. The assembled document will be the Record Before the Agency;
(5) serve a copy of the Record Before the Agency on the appellant; and
(6) file a notice with the Clerk certifying that the Record Before the Agency has been served.
( b ) Disputes. If any dispute arises as to the preparation or content of the Record Before the Agency, the Court, on motion of any party, will resolve the matter. Any motion must describe the good faith efforts that have been made to resolve the dispute and must be filed within 14 days after the Record Before the Agency has been served.
( c ) Filing the Record Before the Agency. Because the Record Before the Agency may include many documents not relevant to the issues decided by the Board that are on appeal, it will not be filed with the Court unless so ordered.
(d) Access of Parties or Representatives to Original Record.
(1) Material Not Subject to a Protective Order. After a Notice of Appeal has been filed, the Secretary shall permit a party or a representative of a party to inspect and to copy, subject to reasonable regulation by the Secretary, the original material in the Record Before the Agency.
(2) Confidential Information. On its own initiative or on a party's motion, the Court may take appropriate action to prevent disclosure of confidential information. See also Rule 48.
(e) Contingency Planning. See Rule 37.
