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37 CFR Part 230 — Requests for Reconsideration

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PART 230—REQUESTS FOR RECONSIDERATION Authority: 17 U.S.C. 702, 1510. Source: 87 FR 30089, May 17, 2022, unless otherwise noted. § 230.1 General. This part prescribes rules pertaining to procedures for reconsideration of a final determination § 230.2 Request for reconsideration. Upon receiving a final determination final determination final determination. § 230.3 Response to request. A party opposing a request for a reconsideration may file a response to the request within 30 days of the date of service of the request. Such response shall be no more than 12 pages and shall meet the requirements set forth in § 220.5(b) of this subchapter. § 230.4 No new evidence. Evidence that was not previously submitted to the Board as part of written testimony or at a hearing or in response to a specific request for evidence from the Board shall not be submitted as part of a request for reconsideration or a response to a request, except where the party demonstrates, through clear and convincing evidence, that the evidence was not available to that party in the exercise of reasonable diligence prior to the submission of written testimony or prior to the hearing. § 230.5 Determination. After the filing of response papers or after the time for a party opposing the request for reconsideration to file a response has elapsed, the Board shall consider the request and any response and shall either deny the request for reconsideration or issue an amended final determination. [87 FR 30089, May 17, 2022; 87 FR 36061, June 15, 2022]

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