The EAB sits in panels of three and decides each matter by majority vote. Two members constitute a quorum. Concurring or dissenting opinions may be issued as appropriate. Most cases are decided without oral argument, based on the administrative record and on written briefs submitted by the parties. However, an oral argument may be scheduled, on motion by any party or at the Board's initiative, where the Board decides that it will assist in decision making.
Oral arguments are open to the public.
The Board has adopted official forms of citation for the published opinions of the EAB and for published decisions issued by other Agency decisionmakers before the Board was created in March 1992. 98-3, slip op. Decisions of the Board are final and may not be further appealed to the Administrator. The petitioner should file a motion requesting to withdraw the petition. Counsel to the Board are also available to answer general questions about the appeals process.