What is different about disputes involving $25,000 or less?
In disputes governed by 45 C.F.R. Part 16 that involve $25,000 or less, expedited procedures apply unless the Chair of the DAB determines that exceptional circumstances require additional procedures. (These expedited procedures can also be used in cases involving large amounts in dispute if both parties agree and the DAB finds it appropriate.) The expedited procedures are set out in section 16.12. Generally, the difference is that, instead of filing sequentially, both parties simultaneously submit their respective arguments and background documents (briefs and appeal files) within 30 days of receiving the DAB acknowledgment. The parties will then have an opportunity to respond to each other’s submission orally. Under 45 C.F.R. § 16.12(d), there is also a special burden of proof provision that applies to a subset of disputes involving $25,000 or less in which there has been a preliminary review meeting certain standards. See 45 C.F.R. § 16.12(d)(2). The DAB’s review in these cases gener