20 CFR § 320.28 - Record of evidence considered.
---
identifier: "/us/cfr/t20/s320.28"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 320.28 - Record of evidence considered."
title_number: 20
title_name: "Employees' Benefits"
section_number: "320.28"
section_name: "Record of evidence considered."
chapter_name: "RAILROAD RETIREMENT BOARD"
subchapter_number: "C"
subchapter_name: "REGULATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT"
part_number: "320"
part_name: "INITIAL DETERMINATIONS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT AND REVIEWS OF AND APPEALS FROM SUCH DETERMINATIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "45 U.S.C. 355 and 362(1)."
regulatory_source: "Board Order 58-142, 23 FR 9090, Nov. 22, 1958, unless otherwise noted."
cfr_part: "320"
---
# 320.28 Record of evidence considered.
The hearings officer will make a record of the material evidence. The record will include the applications, written statements, reports, and other documents that were used in making the determination under review and any other additional evidence the appellant or any other party to the hearing presents in writing. If a hearing was held in the appeal, the tape recording of the hearing will be part of the record while the appeal is pending. The hearings officer's decision will be based on the record. The entire record at any time during the pendency of the appeal shall be available for examination by any party or by his or her duly authorized representative.
[67 FR 77157, Dec. 17, 2002]