4.12 - Non-Opposition to Appeal

(a) Failure to Oppose

The failure of the opposing party to affirmatively oppose an appeal does not automatically result in the appeal being sustained. While the Board may consider the opposing party’s silence in adjudicating the appeal, the silence does not dictate the disposition of the appeal.

(b) Express Non-opposition

The opposing party may affirmatively express non-opposition to an appeal at any time prior to the entry of a decision by the Board. Such non-opposition should be expressed either in the response to the appeal or in the form of a notice labeled “NON-OPPOSITION TO APPEAL” and should be properly served on the other party. See Chapter 3.2 (Service), Appendix E (Cover Pages). While the Board may weigh the opposing party’s non-opposition in adjudicating the appeal, that non-opposition does not dictate the disposition of the appeal.

(c) Withdrawal of Opposition

The opposing party may withdraw opposition to an appeal at any time prior to the entry of a decision by the Board. Such non-opposition should be expressed in the form of a notice labeled “WITHDRAWAL OF OPPOSITION TO APPEAL” and be properly served on the other party. See Chapter 3.2 (Service), Appendix E (Cover Pages). While the Board may weigh the opposing party’s withdrawal of opposition in adjudication of the appeal, that withdrawal does not dictate that disposition of the appeal.