Rule 28.1: Record of Proceedings
(a) Purpose. The purpose of this rule is to ensure that the Court has before it those documents required to decide the appeal.
(b) Preparation of the Record of Proceedings.
(1) Preparation and Contents. The Secretary shall prepare and file the Record of Proceedings. The Record of Proceedings must be compiled exclusively from the Record Before the Agency and shall contain:
(A) the Board decision(s) being appealed; and
(B) any document from the Record Before the Agency cited in a brief, included in its entirety; and,
(C) any other documents before the Secretary and the Board that are relevant to the issues decided by the Board that are on appeal to the Court.
(2) Arrangement and Pagination. The Record of Proceedings shall be arranged and paginated in the same order as the documents appeared in the Record Before the Agency. Because certain documents in the Record Before the Agency may not be included in the Record of Proceedings, this arrangement may result in pages not having consecutive numbers, e.g., page 22 may be followed immediately by page 43.
(3) Time for Filing. The Record of Proceedings shall be filed and served not later than 14 days after the reply brief is filed and served or if no reply brief is filed, not later than 14 days after the reply brief was due in accordance with Rule 31(a)(3). See also Rule 47(b), as applicable (Expedited Proceedings).
(4) Number of Copies. The Secretary shall file an original and three copies of the Record of Proceedings with the Clerk and serve one copy on each party.
(5) Cover. The cover of the Record of Proceedings must be white and must contain the official caption of the appeal.
(c) Disputes. If any dispute arises as to the preparation or content of the Record of Proceedings, the Court, on its own initiative or on motion of any party, will resolve the matter. Any party's motion must be filed within 14 days after the Record of Proceedings has been served and must describe the good faith efforts that have been made to resolve the dispute.
(d) Additional Record Material. The Court may direct the appellant or the Secretary to file additional record material.
