Page:United States Statutes at Large Volume 57 Part 1.djvu/130

 57 STAT.] 78TH CONG. , 1ST SESS.-CH. 117-JUNE 4, 1943 regulations prescribed by the Board at which all parties shall be given opportunity to present evidence and to be heard. In the conduct of such hearings, the parties shall not be bound by common law or statutory rules of evidence or other technical rules of pro- cedure, but the appeal tribunal shall use due diligence to ascertain the true facts of the case. "(d) Each appeal tribunal shall consist of either an examiner regularly employed by the Board on a salaried basis or a body composed of an examiner who shall act as chairman, and, without regard to the civil-service laws otherwise applicable, of one repre- sentative of employees and one representative of employers, each designated by the Board. No representative shall be regularly employed by the Board, nor shall any person acting in any case on behalf of the Board have any interest, direct or indirect, in the case. In no case shall the hearings proceed unless the examiner designated as a member of an appeal tribunal is present; and if either or both of such representatives fail to appear for any such hearings or are disqualified from participating in any such hearings, the examiner shall proceed to hear the case: Provided, That the Board may designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. Each such representative shall be paid for each day on which he actively engaged or was present and prepared to engage in the conduct of any such hearings, such sums, not in excess of $10, as the Board shall by regulation prescribe. "(e) An appeal tribunal, after affording the parties reasonable opportunity for fair hearing, shall, unless such appeal is withdrawn, affirm or modify the finding of facts and the initial determination. The parties shall be duly notified of the decision of such appeal tribunal, together with the reasons therefor. The Board, under regu- lations prescribed by it, may permit further appeal by any party or may, upon its own motion, affirm, reverse, or modify the decision of the appeal tribunal or may set it aside and order a rehearing or the taking of additional evidence before the same or a different appeal tribunal. Unless a petition for such appeal is filed within ten days after the date of notification or mailing of the decision of an appeal tribunal, or within such ten-day period the Board has taken action on its own motion in accordance with the provisions of this subsection, the decision of the appeal tribunal shall constitute the decision of the Board and shall be effective as such. Any decision of an appeal tribunal which is not so modified or so appealed within such ten-day period is final for all purposes, except as provided in section 12 (a) of this Act, and is not subject to review by the District auditor. All decisions rendered by the Board affirming, reversing, or modifying any decision of an appeal tribunal shall become effective immediately, unless the Board shall otherwise order, and are not subject to review by the District auditor. "(f) A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at every hear- ing on any such claim shall be taken down by a stenographer, but shall not be transcribed except upon order of the Board or in the event of an appeal pursuant to section 12. Upon any such appeal, a copy of all the testimony and of the findings of fact upon which the Board's decision was based shall be filed with the court, and the facts so found shall, if supported by evidence, be binding on the court. "(g) Witnesses subpenaed pursuant to this section shall be allowed fees at a rate fixed by the Board. Such fees shall be deemed part of the expense of administering this Act. 117 Composition of ap- peal tribunal. Attendance require- ments. Alternates. Compensation. Decision. Further appeal, etc. Effect of decision if uncontested. Record of proceed- ings. Witness fees.

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