Page:United States Statutes at Large Volume 49 Part 1.djvu/997

 952 74TH CONGRESS. SESS. I. CH. 794. AUGUST 28, 1935. that any such appeal is filed, no benefits shall be paid to the indi- vidual until the appeal shall have been finally decided by the Board. Hearings. (b) Upon the filing of any s uch appe al, the Board sh all appo int, in its discretion, either an examiner regularly employed by it on a salary basis or an appeal tribunal, to hold hearings at whi ch both parties shall be given opportunity to present evidence and to be Proc edur al r ules. heard. In the conduct of such hearings, the parties shall not be bound by rules of evidence or other technical rules of procedure, but the exa miner or appeal tribunal, as the case ma y be, sh all use due diligence to a scertain the true facts of the case. Findings of fact and decision. (c) . On the basis o f the ev idence p resented at such hearing s, the . examiner or appeal tribunal, as the case may be, shall make a finding of the facts of the case and shall render a decision in accordance Effective date. therewith. Each such decision shall automatically become the de- cision of the Board and effective as such as of the tent h day following the dat e such d ecision was ren dered, u nless, b efore su ch tenth day, upon petition of either party under regulations pre- scribed by the Board or upon its own motion, the Board has affirmed, reversed, or modified such decision, or has set it aside and ordered a rehearing or the taking of additional evidence before the same or a different examiner or appeal tribunal, or the Board. All decisions rendered by the Board affirming, reversing, or modifying any decision of an examiner or appeal tribunal, shall become effective immediately. Composition of ap- (d) Each appeal tribunal shall consist of an examiner regularly peal tribuna l. employed by the Board ona salary basis and a representative of employ ees an d a re prese ntativ e of e mploy ers de signat ed by the Repr esen tati ve of Board. No such representative shall be regularly employed by the emp loyer s. Board or have any financial interest, direct or indirect, in the case. Requirement of at- In no case shall the hearings proceed unless the examiner designated tend ance at nea ring. asa member of the appeal tribunal is present ; and, if either or both of such representatives fail to appear for any such hearing, Compensation. the examiner shall proceed to hear the case. Each such representa- tive shall be paid such sum, not in excess of $10, as the Board shall by regulations prescribe, for each day on which he actively engaged, or was present and prepared to engage, in the conduct of any such hearings. Power to administer (e) In the discharge of the duties imposed by this section, any oath s ' etc' member of the Board and any duly authorized examiner shall have power to administer oaths, take depositions, certify to official acts, and issue subpoen as to co mpel at tendance of witn esses an d the pr o- duction of books, papers, co rrespondence, memoranda, and other records deemed necessary as evidence in connection with the disputed claim. Record of proceed- (f) A full and complete record shall be kept of all proceedings in rags. connection with a disputed claim. All testimony at every hearing on any su ch claim shall b e taken down by a steno grapher, but sha ll not be transcribed except upon order of the Board or in the event of an appeal pursuant to section 13. Upon any such appeal, a copy of all the testimony and of the finding of facts upon which the Board's decision was based shall be filed with the court, and the facts so found shall, if supported by the evidence, be binding on the cou rt. Refu sals to obey sub- (g) In the case of contumacy by, or refusal to obey a subpoena poena. issued to, any person, the Boar d may in voke the aid of the Supr eme Court of the District of Columbia in requiring the attendance and testimony of witnesses and the production of books, papers, cor- respondence, memoranda and other records. Su ch cou rt may issu e an order requiring such person to appear before the Board or officer designated by the Board, there to produce records, if so ordered, or