(a) Filing exceptions. Within 30 days after service of the recommended
decision, findings, conclusions, and proposed order under section
263.38, a party may file with the Board written exceptions to the
ALJ’s recommended decision, findings, conclusions, or proposed
order, to the admission or exclusion of evidence, or to the failure
of the ALJ to make a ruling proposed by a party. A supporting brief
may be filed at the time the exceptions are filed, either as part
of the same document or in a separate document.
8-082.1
(b) Effect of failure to file or raise
exceptions.
(1) Failure of a party to file exceptions
to those matters specified in paragraph (a) of this section within
the time prescribed is deemed a waiver of objection thereto.
(2) No exception need be considered
by the Board if the party taking exception had an opportunity to raise
the same objection, issue, or argument before the ALJ and failed to
do so.
8-082.2
(c) Contents.
(1) All exceptions and briefs
in support of such exceptions must be confined to the particular matters
in, or omissions from, the ALJ’s recommendations to which that
party takes exception.
(2) All exceptions and briefs in support of exceptions must set forth
page or paragraph references to the specific parts of the ALJ’s
recommendations to which exception is taken, the page or paragraph
references to those portions of the record relied upon to support
each exception, and the legal authority relied upon to support each
exception.
