If a hearing officer makes an obvious mistake in his or her ruling regarding critical evidence at the hearing, do I have a right to take a special appeal to the regional director? To the Board?
You may request special permission to appeal from that ruling to the regional director.
You may also request to file for special permission to appeal from the regional director’s ruling to the Board, but this special appeal will only be considered by the Board under “extraordinary circumstances” when it appears that the “issue will otherwise evade review.” This narrower standard is not applicable to requests for special permission to appeal rulings of the Hearing Officer to the regional director.
The hearing officer’s rulings will be reviewed by the regional director and ultimately, the Board, if a request for review is granted, regardless of whether or not a pre-election request for special permission to appeal has been filed with the regional director or Board.