Sec. 155.4. Procedures

(a) Presumption of mailing and delivery.

All necessary notices may be mailed from the appeals board to the address provided on the appeal form, or if notice of change of address is delivered via certified mail to the appeals board, to the address specified in such notice. Mailing in the regular course of business shall be presumed to have occurred on the date shown in the records of the appeals board as the date of any notice, bill or other correspondence addressed to appellant or his representative.

(b) Arguments and materials.

Oral arguments of the appeal are not permitted. Evidence, exhibits or documents not submitted to and considered by the hearing officer may not be filed with the appeal and will not be reviewed by the appeals board. A brief or written argument in support of the appeal may be submitted and must be filed with the appeals board within 30 days after the transcript has been sent to the appellant. At such time, the appeal will be considered fully submitted and ready for consideration by the appeals board (section 155.2(c) of this Part). Upon written request and for good cause shown, the chairperson of the appeals board may grant an extension of time in writing to the appellant for submission of additional arguments in support of the appeal. In the event that an extension is granted to submit such argument, the time for determination of the appeal shall automatically be extended by a like period.

(c) Proof of mailing and payment.

All papers actually received at the office of the board will be treated as timely if the mailing bears a legible postmark evidencing receipt by the post office within the required time. All mail received by the board will be date stamped and, in the absence of legible postmark or other U.S. postal record, will be treated according to the actual date of receipt demonstrated by the records of the board. Proof of payment of required fees and costs may be made only by actual receipts issued by the board or by production of payment instruments actually presented to and collected by the board.