Page:United States Statutes at Large Volume 102 Part 5.djvu/111

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-687—NOV. 18, 1988

102 STAT. 4117

"(b) The appellant shall also furnish the Administrator with a copy of such notice, but a failure to do so shall not constitute a failure of timely compliance with subsection (a) of this section. "§ 4067. Decisions "(a) A decision upon a proceeding before the Court of Veterans Appeals shall be made as quickly as practicable. In a case heard by a panel of the Court, the decision shall be made by a majority vote of the panel in accordance with the rules of the Court. The decision of the judge or panel hearing the csise so made shall be the decision of the Court except as provided in subsection (d) of this section, "(b) The Court shall include in its decision a statement of its conclusions of law and determinations as to factual matters. "(c) A judge or panel shall make a determination upon any proceeding before the Court, and any motion in connection with such a proceeding, that is assigned to the judge or panel. The judge Reports or panel shall make a report of any such determination which constitutes the judge or panel's final disposition of the proceeding. "(d)(1) In the case of a proceeding determined by a single judge of the Court, the decision of the judge shall become the decision of the Court unless before the end of the 30-day period beginning on the date of the decision by the judge the Court, upon the motion of either party or on its own initiative, directs that the decision be reviewed by a panel of the Court. In such a case, the decision of the judge initially deciding the case shall not be a part of the record. "(2) In the case of a proceeding determined by a panel of the Court, the decision of the panel shall become the decision of the Court unless before the end of the 30-day period beginning on the date of the decision by the panel the Court, upon the motion of either party or on its own initiative, directs that the decision be reviewed by an expanded panel of the Court (or the Court en banc). In such a case, the decision of the panel initially deciding the case shall not be a part of the record. "(e) The Court shall designate in its decision in any case those Records. specific records of the Government on which it relied (if any) in Historic making its decision. The Administrator shall preserve records preservation. so designated for not less than the period of time designated by the Administrator of the National Archives and Records Administration. "§ 4068. Availability of proceedings "(a) Except as provided in subsection O> of this section, all decit) sions of the Court of Veterans Appeals and all briefs, motions, documents, and exhibits received by the Court (including a transcript of the stenographic report of the hearings) shall be public records open to the inspection of the public. "(b)(1) The Court may make any provision which is necessary to prevent the disclosure of confidential information, including a provision that any such document or information be placed under seal to be opened only as directed by the Court. "(2) After the decision of the Court in a proceeding becomes final, the Court shall permit the withdrawal by the party entitled thereto of originals of books, documents, and records, and of models, diagrams, and other exhibits, submitted to the Court before the Court may, on its own motion, make such other disposition thereof as it considers advisable.

Records. Public information.

Classified information.