Section 213.7. Appeal proceedings before the Board

(a) In appeals under this chapter, the Board’s scope of review of the Secretary’s determination is limited to a review for errors of law and whether the necessary findings of the Secretary are supported by substantial evidence in the record.

(b) Issues not raised in the notice of appeal or not argued in the appellant’s brief will be deemed waived.

(c) In appeals, the Board will not hear testimony or receive evidence. Requests for evidentiary hearings shall be in the nature of a request for a remand to the Secretary and shall be set forth in the notice of appeal and addressed in the briefs.

(d) The Board may remand an appeal to the Secretary for further hearing, consideration and determination.

(e) Oral argument shall be heard by the Board in appeals, unless waived by the parties. Notice of oral argument shall be furnished by the Board to all parties or their representatives. Argument may be limited at the Board’s discretion.

The provisions of this § 213.7 adopted February 11, 1994, effective February 12, 1994, 24 Pa.B. 871.