(a) By counsel for the Board.
(1) Within 20 days after service of an application, counsel for the Board
may file an answer to the application.
(2) The answer shall explain in detail any objections to the award
requested and identify the facts relied on in support of the Board’s
position. If the answer is based on any alleged facts not already in the
record of the proceeding, the answer shall include either supporting
affidavits or a request for further proceedings under section 263.109, or
both.
(b) Reply to answer. The applicant may file a reply only if the Board has addressed in its
answer any of the following issues: that the position of the agency was
substantially justified, that the applicant unduly protracted the
proceedings, or that special circumstances make an award unjust. Any reply
authorized by this section shall be filed within 15 days of service of the
answer. If the reply is based on any alleged facts not already in the record
of the proceeding, the reply shall include either supporting affidavits or a
request for further proceedings under section 263.109, or both.
(c) Additional response. Additional filings in the nature of pleadings may be submitted only by
leave of the administrative law judge.
