Sec. 463.2. Conduct of appeal

(a) The board shall not conduct the appeal according to formal rules of evidence or procedure and may conduct the appeal and any hearing in a way that is best suited to fairly decide the issues on appeal and protect the parties’ rights.

(b) The board may decide any case appealed to it based on the record and evidence submitted at the administrative law judge hearing or, in its discretion, may hold a further hearing. No member of the board shall participate in a hearing or decision of any appeal in which the member has a conflict of interest. Challenges as to the interest of any member shall be decided by the other members of the board.

(c) In the interest of a fair and speedy appeal process that protects the rights of all parties and for good cause and in the discretion of the board, any issue in a case or any related issue may be decided though not stated in the notice of appeal or administrative law judge decision. However, the board must state its reason for such action. The board must inform the parties if it will consider a new basis for denying or granting benefits, or will consider an issue not stated in the notice of appeal or administrative law judge decision.

(d) The board may combine two or more appeals or may separate appeals where justice will be served.

(e) The board shall send copies of statements, documents or briefs it receives from parties to the other parties to the appeal, if those have not already been sent. Any party may reply in writing within 12 days. Additional time will only be granted subject to 463.1 of this Part. Copies of any reply received will also be sent to opposing parties by the board, if the papers have not already been sent. Evidence that was not introduced at a board or administrative law judge hearing shall not be considered or relied on by the board unless all parties agree.

(f) At any stage of an appeal the board may remand the case to an administrative law judge chosen by the chief administrative law judge or a principal administrative law judge or a senior administrative law judge. The board will inform the parties of the reasons for the remand. Remanded cases shall be promptly scheduled.

(g) Information from the department records and the appeal file shall be made available by the commissioner and by the board to parties to the appeal or their representatives for the necessary preparation of the appeal.

(h) In the interest of justice and for good cause, the board, on its own motion or on application by a party, may excuse a party’s failure to appear or proceed at any stage of a case or appeal. If a party shows good cause for the failure to appear or proceed, the board shall consider the case or appeal as if no failure had occurred.