§ 962.21 (Rule 21) Appeal of initial decision to Judicial Officer.

(a) Notice of appeal and supporting brief.

(1) A Respondent may appeal an adverse initial decision within 30 days after the Presiding Officer issues an initial decision by filing a Notice of Appeal with the Recorder. The Judicial Officer may extend the filing period if the Respondent files a request for an extension within the initial 30-day period and demonstrates good cause for an extension.

(2) The Respondent's Notice of Appeal must be accompanied by a written brief specifying the Respondent's exceptions, and any reasons for such exceptions, to the Presiding Officer's initial decision.

(3) Within 30 days of receiving the Respondent's brief, the Reviewing Official may file a response to the Respondent's specified exceptions to the Presiding Officer's initial decision.

(b) Form of review.

(1) Review by the Judicial Officer will be based solely on the record and written submissions.

(2) The Judicial Officer may affirm, reduce, reverse, or remand any penalty or assessment made by the Presiding Officer.

(3) The Judicial Officer may not consider an objection that was not raised during the hearing unless the interested party demonstrates that the failure to raise the objection before the Presiding Officer was caused by extraordinary circumstances.

(4) If any party demonstrates that additional evidence not presented at the hearing is material and that there were reasonable grounds for the failure to present the evidence, the Judicial Officer will remand the matter to the Presiding Officer for consideration of the additional evidence.

(c) Decision of Judicial Officer.

(1) The Judicial Officer will promptly serve each party a copy of the decision and a statement describing the right to judicial review under 31 U.S.C. 3805 for a Respondent determined to be liable under 31 U.S.C. 3802.

(2) The decision of the Judicial Officer constitutes final agency action and becomes final and binding on the parties 60 days after it is issued, unless a petition for judicial review is filed.