If a hearing is not requested by the contractor, the contracting officer may request that a hearing be held by forwarding such a request in writing to the Board.

§ 4-50.204 Consideration by board without hearing.

If a hearing is not requested by the contractor or by the contracting officer, the Board will proceed to a determination on the basis of the record then before it, together with such a brief as the contractor may desire to submit and a reply brief submitted by the contracting officer. The Board will instruct the parties with respect to the time within which such briefs must be submitted and served upon the other parties.

§ 4-50.205 Location of hearings.

Hearings will be held at the Department of Agriculture, Washington, D.C., unless in the opinion of the Board, holding of a hearing elsewhere is justified, considering (a) the amount involved in the appeal, (b) the relative cost of holding a hearing in Washington, D.C. or elsewhere, and (c) any factors indicating that holding of a hearing at a requested location is necessary to assure equitable settlement of the case.

§ 4-50.206 Notice of hearings.

The Contractor and the representatives of the Government shall be given advance notice in writing of the time and place of any hearing scheduled by the Board. If it finds that the time fixed is inconvenient to the parties, the Board may reschedule the time. [32 F.R. 1180, Feb. 2, 1967]

§ 4-50.207 Scope of procedures.

In the written appeal or in other papers submitted to the Board or in any event prior to the time of the hearing, the contractor shall specify the portions of the findings of the contracting officer from which the appeal is taken and the reasons why the findings or the decision are deemed erroneous. If the contractor relies on facts and circumstances which are not covered by the findings of the contracting officer, such matter must be affirmatively set forth as a part of the contractor's submissions to the Board required by the preceding sentence. Independent findings of fact will be made by the Board although the findings of fact of the contracting officer may be adopted by the Board in whole or in part. [29 F.R. 14344, Oct. 16, 1964, as amended at 32 F.R. 1180, Feb. 2, 1967]

§ 4-50.208 Absence of parties.

In the event of the unexcused absence of a party at the time and place set for a hearing, the hearing will proceed and the appeal will be deemed as having been submitted without oral testimony or argument on behalf of that party.

§ 4-50.209 Pre-hearing arrangements.

The Board may direct the parties to appear at a specified time and place for a conference to consider or otherwise provide for the following:

(a) Simplification of issues,

(b) Possibility of obtaining stipulations or admissions of fact and of documents, and

(c) Such other matters as may add to the disposition of the appeal.

§ 4-50.210 Conduct of hearings.

The hearings before the Board will be informal, with no fixed form of procedure. Findings of fact in the contracting officer's decision which are not controverted may be accepted by the Board without further proof. Although the Board is entitled to the entire record to aid it in the consideration of the case, on

facts in dispute the Board may not rely on any evidence not presented in the hearings to support any findings or determinations thereon except that which may be officially noticed. Either the contractor or the representatives of the Government may introduce evidence pertinent to the basic issues. The bur

den of establishing errors or omissions in the decision of the contracting officer shall rest on the party asserting the error or omission. Subject to the exercise of a reasonable discretion under all the circumstances of the particular case, the Board may limit or otherwise control the issues to be considered on the appeal and the extent of the evidence, testimony or argument presented. A verbatim reporting and transcription of the testimony shall be made, the costs thereof to be borne by the agency involved in the contract dispute. In addition, the following general rules will apply:

(a) The parties may be represented at a hearing by any authorized person meeting the requirements of 7 CFR 1.26 (1 AR 441).

(b) The parties may present to the Board a signed stipulation setting forth any agreed facts or stating the matters in dispute.

(c) In addition to the presentation of witnesses and documentary evidence, the parties may, in the discretion of the Board and upon application in advance of the hearing and with notice to the opposing party, submit evidence by deposition based upon oral examination or written interrogatories or in such other form as the Board may approve.

(d) Witnesses before the Board may be required to testify under oath, and attention of the witnesses may be invited to 18 U.S.C. 287 and 1001, and any other appropriate provisions of law imposing penalties for knowlingly making false statements or representations in connection with claims against the United States or in any matter within the

jurisdiction of any department or agency thereof.

(e) All witnesses shall be subject to cross-examination, and also to examination by the Board.

(f) On proof of authenticity, copies of papers, books, records, or documents will be accepted as evidence in lieu of the submission of the original documents where such submission is not practicable.

(g) The weight to be given evidence presented in any particular form will be determined by the Board in the exercise of a reasonable discretion under the circumstances of the particular case.

(h) Briefs may be submitted, either on request of the parties or the Board, in accordance with instructions issued by the Board, which shall require that copies be served upon the opposing parties who shall have opportunity to present argument in rebuttal within a time limitation fixed by the Board. § 4-50.211

Board.

Findings and decision of the

The Board will make specific findings of fact and conclusions disposing of the appeal. The chairman of the Board shall be responsible for the preparation and submission of the decision of the Board, which shall be signed by all members of the Board who concur therein. A copy of the findings, conclusions and decision shall be submitted to the contracting agency, to the appellant and to the Director of Plant and Operations. § 4-50.212 Finality of decision.

The decision of the Board based upon the appeal record shall be final and conclusive and binding on the parties thereto, except as it may be subject to review as provided by law. A request for reconsideration may be made to the Board within 30 days from the date of the decision. Reconsideration of a decision, which may include a hearing or rehearing, may be granted or denied in the discretion of the Board.