2. Within 10 calendar days of filing the notice of appeal, the appellant shall submit a
written statement of issues and arguments to the ASD(MRA&L), or designee, with a copy to the
other parties. The other parties shall submit a reply or replies to the ASD(MRA&L), or designee,
within 15 calendar days of receiving the statement, and shall deliver a copy of each reply to the
appellant. Submission is complete upon mailing.
3. The ASD(MRA&L), or designee, shall determine the matter on appeal, including the
making of interlocutory rulings, within 20 calendar days of receiving timely submitted replies
under subsection F.2., above. The ASD(MRA&L), or designee, may request oral argument at a
time and place reasonably convenient to the parties.
4. The determination of the ASD(MRA&L), or designee, shall be a final administrative
decision and shall be in written form. It shall address the issues presented and set forth a rationale
for the decision reached. A determination denying the appeal of a parent in whose or in part shall
state that the parent has the right under P.L. 94-142 (reference (a)) to bring a civil action with
respect to the matters in dispute in any state court of competent jurisdiction or in a district court of
the United States without regard to the amount in controversy.
5. No provision of this Instruction or other DoD guidance may be construed as conferring a
further right of administrative review. A party must exhaust all administrative remedies afforded
by this Instruction before seeking judicial review of a determination made under this Instruction.
G.
PUBLICATION AND INDEXING OF FINAL DECISIONS
Final decisions in cases arising under this Instruction shall be published and indexed in
accordance with DoD Directive 5400.7 (reference (k)) to protect the privacy rights of the parents
and children who are parties in those cases.
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