20 CFR § 261.11
Discretion of the three-member Board to reopen or not to reopen a final decision
February 18, 2021
In any case in which the three-member Board may deem proper, the Board may direct that any decision, which is otherwise subject to reopening under this part, shall not be reopened or direct that any decision, which is otherwise not subject to reopening under this part, shall be reopened.
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