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If a hearing officer makes an obvious mistake in his or her ruling regarding critical evidence at the hearing, does a party have a right to take a special appeal to the regional director?

A party may request special permission to appeal from a hearing officer’s ruling to the regional director. Rulings made by or at the direction of the regional director may also be the subject of a special appeal, which a regional director, in his or her discretion, may choose to treat as a motion for reconsideration of the regional director’s ruling or direction. 

A request for special permission to appeal may not be filed with the Board, but any party may request that the Board review any action of a regional director that has been delegated to the regional director, except where the Board’s rules provide otherwise.  If a request for review is granted, the Board will review the hearing officer’s rulings and the regional director’s actions, regardless of whether or not a pre-election request for special permission to appeal has been filed.

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