(4) Such other matters as may aid in the disposition of an appeal.

(b) The results of the conference shall be reduced to writing by the Board and made part of the record.

§ 7-60.16 Failure to prosecute.

The Board may order the contractor to show cause why the appeal should not be dismissed for failure to prosecute. The Board shall serve or attempt to serve such order on the contractor at the most recent address it has, or if no appearance has been filed or address for service has been otherwise furnished to the Board, it shall use such address as the contracting officer may have. If the contractor fails to show cause to the Board's satisfaction, it may affirm the decision of the contracting officer, dismiss the appeal, or make such other order as it deems appropriate. § 7-60.17

Filing and service of papers. (a) The parties shall file with the Board an original and three copies of all papers, subsequent to the complaint and answer. Upon receipt thereof, the Board shall serve or otherwise furnish the opposing party with a copy.

(b) Service shall be made personally, or by mailing the document to be served in a sealed envelope, registered or certified, return receipt requested, with postage prepaid, addressed to the party upon whom service shall be made, and the date of the receipt shall be the date of service. Waivers of service of any papers may be noted thereon or on a copy thereof, or on a separate paper, signed by the parties or their attorneys and filed with the Board. When any party has appeared by attorney, service upon the attorney will be deemed proper service upon the party.

(a) The contractor may submit the case on the record or request an oral hearing. The Board shall, at the request of either party filed within 15 days after the answer is served on the contractor, grant an oral hearing. The parties shall be given at least 15 days' notice of the time and place of hearing.

(b) Hearings shall be held in Washington, D.C., unless otherwise ordered by the Board.

(c) If either party does not wish to appear or to be represented at a hearing, he shall so advise the Board. A party who so advises the Board may file a brief

within 20 days after the date assigned for the hearing, or within such other period as may be allowed by the Board.

(d) The unexcused absence of a party or his authorized representative at the time and place set for the hearing shall not be the occasion for delay. In such event, the hearing shall proceed and the case shall be regarded as submitted by the absent party.

(e) Hearings shall be as informal as may reasonably be allowable and appropriate under all circumstances. Both parties may offer oral and written evidence, subject to exclusion by the Board of any irrelevant, immaterial, or repetitious evidence. The general procedures as to the introduction of evidence and the calling of witnesses shall be in the discretion of the Board.

(f) Attention of the witnesses will be invited to 18 U.S.C. 1001. Testimony may be received under oath or affirmation.

(g) The Board shall make provision for a verbatim transcript of all oral hearings, except that under the optional accelerated procedure (§ 7-60.26) the stenographic record will not be transcribed unless requested by either of the parties. Copies of the transcript shall be furnished to the contractor at his expense.

(h) After a decision has become final, the Board may, upon request and after notice to the other party, permit the withdrawal of original exhibits, or any part thereof, by the party entitled thereto. Substitution of true copies of the exhibits or any part thereof may be required by the Board in its discretion as a condition of granting permission for such withdrawal.

§ 7-60.19 Representation of the parties.

(a) An individual contractor may appear before the Board in person, a corporation by an officer thereof, a partnership or joint venture by a member thereof, or by an attorney-at-law duly licensed in any State, Commonwealth, Territory, or in the District of Columbia. In special cases, the Board may authorize contractors to be represesented by persons other than those mentioned.

(b) If the person representing the contractor is not identified in the notice of appeal (§ 7-60.3), he should file a notice of appearance with the Board stating his name, address, and if an attorney-at-law, the jurisdiction in which he is licensed. The Government

shall be represented by the Assistant General Counsel (Contract Staff), International Cooperation Administration, Washington 25, D.C. Appearances of other attorneys who will represent the Government with him may be filed with the Board. If the Assistant General Counsel (Contract Staff) is not to represent the Government, he shall so notify the Board, indicating who has been designated to do so.

§ 7-60.20 Post-hearing briefs.

The Board may fix a reasonable time after the close of an oral hearing within which additional briefs may be filed. § 7-60.21

Decisions.

Motions for reconsideration must be received by the Board within 30 days after service on the party moving for reconsideration of the decision or order dismissing the case. Reconsideration of the decision, which may include a hearing or rehearing, may be granted if, in the judgment of the Board, sufficient reason therefor appears.

§ 7-60.23 Extensions of time.

The Board may grant extensions of time except with respect to the filing of the notice of appeal.

§ 7-60.24 Board actions.

(a) Except as otherwise provided in this part, each appeal shall be assigned to a panel of three Board members designated by the General Counsel, who will designate one member as Chairman. The Chairman shall be a duly licensed attorney-at-law. Alternates may be designated by the General Counsel for any panel member who dies, is absent, is disqualified, or is otherwise unable to participate.

(b) Oral hearings may be held before one or more members of the panel or before the full panel, as designated by the Chairman, provided that the presiding member is a duly licensed attorney-at-law.

(c) Except as otherwise provided in this part, decisions on preliminary motions, procedural matters, and the con

duct of hearings shall be by the Chairman or presiding officer. Decisions on the merits of the specific disputes under appeal shall be by a majority of the panel.

(d) The Chairman should be designated not later than 15 days after the answer is filed pursuant to § 7-60.6. The other members of the panel should be designated not later than 10 days before the date set for the hearing, if there is to be an oral hearing, or not later than the date the record is closed and the case is ready for decision.

(e) Before a Chairman is designated, rulings on extensions of time pursuant to § 7-60.23 may be made by the Executive Secretary. Rulings and orders on extensions of time and other matters before such designation may be made by a member of the Board designated by the General Counsel to rule on preliminary motions.

(f) The Executive Secretary will act for the Board in docketing appeals, issuing appropriate notices to the parties, and corresponding with the parties on behalf of the Board.

§ 7-60.25 Address of Board.

Unless the parties are notified otherwise, correspondence with the Board and papers to be filed with it by them shall be addressed to:

Board of Contract Appeals, Office of the Director, International Cooperation Administration, Washington 25, D.C.

§ 7-60.26 Optional accelerated procedure for cases involving $5,000 in amount or less.

An appeal involving $5,000 in amount or less shall be processed under this section at the request of the contractor, subject to the concurrence of the Government. Under this section:

(a) The appeal will be decided by a single member of the Board, who shall have for this purpose all the authority and power of the full Board to hear, consider, determine, and re-consider the matter.

(b) The appeal shall be deemed submitted for decision on the record unless the contractor or the Government, within 10 days after receipt of the Government's answer by the contractor, requests the Board to schedule an oral hearing.

(c) Such oral hearing shall be fixed at such time and place as shall be agreeable to the parties and to the Board member

concerned, taking into consideration any request therefor of the contractor.

(d) For the purpose of this section, the amount involved in an appeal shall be the difference between the amount of the contractor's claim as stated in his complaint and the amount, if any, determined by the decision from which the appeal is taken.

(e) If the Board member assigned to the case under this section determines that the amount involved exceeds or may exceed $5,000, the parties shall be so informed, and the appeal shall be disposed of in accordance with §§ 7-60.6 through 7-60.25, inclusive. The determination so made shall be final and conclusive.

(2) A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the person designated in the notice who should proceed promptly to take the testimony of the witness in response to the interrogatories.

(d) Oral interrogatories. When either party desires to take the testimony of any person by deposition upon oral examination, unless the parties stipulate as to the time and place where the deposition is to be taken and the name of the person before whom it is to be taken and the name and address of the witness, such party shall give the opposite party at least 30 days' written notice of the time and place where such deposition will be taken and the name and address and official title of the person before whom it is proposed to take the deposition, and the name and address of the witness.

(e) Form and return of deposition. Each deposition shall show the docket number and the caption of the proceedings, the place and date of taking, the name of the witness, and the names of all persons present. The person taking the deposition shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness, and shall enclose the original deposition and exhibits in a sealed packet with postage and other transportation prepaid and forward same to the Executive Secretary, International Cooperation Administration Board of Contract Appeals.

(f) Introduction in evidence. Either party to the appeal may offer depositions in evidence. The entire deposition must be offered unless otherwise stipulated by the parties or directed by the Board.