142. No evidence may be relied on by the Tribunal in making its decision unless the parties have been given an opportunity to comment on the substance of the evidence or to refute it.
Other than in the case of facts of which judicial notice must be taken pursuant to section 140, the Tribunal may not base its decision on grounds of law or fact judicially noticed by a member if it has not first given the parties, other than parties who have waived their right to state their allegations, an opportunity to present their observations.