43 CFR Part 4
PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES
- PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES
- Subtitle A—Office of the Secretary of the Interior
- Subpart A—General Information and Authorities—Office of Hearings and Appeals
- § 4.1 Scope of authority; applicable regulations.
- § 4.2 Membership and duties.
- § 4.3 Representation before OHA.
- § 4.4 Public records; contact information for offices.
- § 4.5 Power of the Secretary and Director.
- § 4.6 Definitions and acronyms.
- Subpart B—General Rules Relating to Procedures and Practice
- § 4.20 Purpose and scope.
- § 4.21 Exhaustion and finality.
- § 4.22 Retention of documents; record address; and extensions of time.
- § 4.23 Hearings or related proceedings.
- § 4.24 Basis of decision.
- § 4.25 Oral argument and status conferences.
- § 4.26 Subpoena power and witness provisions for probate proceedings.
- § 4.27 Ex parte communication and disqualification.
- § 4.28 Interlocutory appeals.
- § 4.29 Disqualification of presiding officers and board members.
- § 4.30 Alternative dispute resolution.
- § 4.31 Limiting disclosure of confidential information.
- § 4.32 Filing; service; issuance.
- Subpart C—Rules Applicable to Proceedings Before the Departmental Cases Hearings Division
- Purpose, Scope, and Definitions
- § 4.100 Purpose and scope.
- § 4.101 Definitions.
- Filing, Service, and Formatting of Documents
- § 4.102 Filing, service, and issuance.
- § 4.103 Document formatting.
- Prehearing Procedures
- § 4.104 Prehearing conferences.
- § 4.105 Prehearing motions.
- § 4.106 Extension of time.
- § 4.107 Consolidation and severance.
- § 4.108 Intervention and amicus curiae.
- § 4.109 Notice of appearance; substitution of attorneys; and attorney withdrawal.
- § 4.110 Voluntary withdrawal and stipulated dismissal.
- § 4.111 Summary judgment.
- Discovery
- § 4.112 Discovery generally.
- § 4.113 Interrogatories.
- § 4.114 Requests for production.
- § 4.115 Requests for admission.
- § 4.116 Depositions.
- § 4.117 Supplementation or correction.
- § 4.118 Motion to compel.
- § 4.119 Sanctions for failure to comply with a discovery order.
- Other Procedures
- § 4.120 Subpoenas.
- § 4.121 Case management.
- § 4.122 Interlocutory appeal.
- § 4.123 Alternative dispute resolution.
- Hearing Process and Procedure
- § 4.124 Hearing scheduling.
- § 4.125 Hearing postponements.
- § 4.126 Hearing procedures generally.
- § 4.127 Evidence.
- § 4.128 Transcripts and reporting.
- § 4.129 Decision.
- Reconsideration, Appeal, and Review
- § 4.130 Reconsideration.
- § 4.131 Appeal and review.
- Specific Rules Applicable to Referrals for Fact-Finding Hearings
- § 4.150 Procedures for hearing referrals.
- § 4.151 Resolution of hearing referrals.
- Specific Rules Applicable to Contest Proceedings
- § 4.160 Private contests; initiation of a private contest.
- § 4.161 Private contests; protests.
- § 4.162 Private contests; complaint.
- § 4.163 Private contests; service.
- § 4.164 Private contests; answer to complaint.
- § 4.165 Government contests; initiation of a Government contest.
- § 4.166 Government contests; complaint and service.
- § 4.167 Government contests; answer to complaint.
- § 4.168 Proceedings before administrative law judge.
- § 4.169 Appeal.
- Specific Rules Applicable to Grazing Proceedings (Inside and Outside of Grazing Districts)
- § 4.170 Appealing a grazing decision.
- § 4.171 Petitions for stay.
- § 4.172 BLM document filing requirements and initial disclosures.
- § 4.173 Adjudication of grazing appeal.
- § 4.174 Effect of decision pending appeal; exhaustion and finality.
- § 4.175 Appeal and review.
- Subpart D—Rules Applicable to Appeals Before the Interior Board of Indian Appeals
- Scope of Subpart; Definitions
- § 4.200 How to use this subpart.
- § 4.201 Definitions.
- §§ 4.202-4.308 [Reserved]
- General Rules for Practice Before the Interior Board of Indian Appeals
- § 4.310 Documents; filing, service, computing time, and extensions.
- § 4.311 Briefs on appeal.
- § 4.312 Board decisions.
- § 4.313 Amicus curiae; intervention; joinder motions.
- § 4.314 Effect of decision pending appeal and exhaustion of administrative remedies.
- § 4.315 Reconsideration of a Board decision.
- § 4.316 Remands from courts.
- § 4.317 Standards of conduct.
- § 4.318 Scope of review.
- Specific Rules for Appeals in Probate Matters
- § 4.320 Who may appeal a probate judge's order?
- § 4.321 How do I appeal a probate judge's order?
- § 4.322 What must an appeal contain?
- § 4.323 Who receives service of the notice of appeal?
- § 4.324 How is the record on appeal prepared?
- § 4.325 How will the appeal be docketed?
- § 4.326 What happens to the record after disposition?
- Specific Rules for Appeals from Administrative Actions Not Relating to Probate Proceedings
- § 4.330 Scope.
- § 4.331 Who may appeal.
- § 4.332 Appeal to the Board; how taken; mandatory time for filing; preparation assistance; requirement for bond.
- § 4.333 Service of notice of appeal.
- § 4.334 Extensions of time.
- § 4.335 Preparation and transmittal of record by official of the Bureau of Indian Affairs.
- § 4.336 Docketing and objections to the administrative record.
- § 4.337 Action by the Board.
- § 4.338 Submission by administrative law judge of proposed findings, conclusions and recommended decision.
- § 4.339 Exceptions or comments regarding recommended decision by administrative law judge.
- § 4.340 Disposition of the record.
- Subpart E—Rules Applicable to Appeals Before the Interior Board of Land Appeals
- § 4.400 Scope of rules.
- § 4.401 Definitions.
- § 4.402 Who may appeal; decisions not subject to appeal.
- § 4.403 How to appeal.
- § 4.404 Effect of appeal.
- § 4.405 Effect of decision pending appeal; petitions for stay.
- § 4.406 Record on appeal.
- § 4.407 Filing, service, deadline computations, and issuance.
- § 4.408 Document formatting requirements.
- § 4.409 Motions.
- § 4.410 Briefs.
- § 4.411 Management of appeals.
- § 4.412 Affirming without opinion.
- § 4.413 Scope of review and burden to show error.
- § 4.414 Interlocutory appeals of ALJ orders.
- § 4.415 Petition for reconsideration.
- § 4.416 Appeals of wildfire management decisions.
- § 4.417 Coordination with judicial review.
- § 4.418 Precedential effect of decisions and orders.
- Subpart F—Implementation of the Equal Access to Justice Act in Agency Proceedings
- General Provisions
- § 4.601 What is the purpose of this subpart?
- § 4.602 What definitions apply to this subpart?
- § 4.603 What proceedings are covered by this subpart?
- § 4.604 When am I eligible for an award?
- § 4.605 Under what circumstances may I receive an award?
- § 4.606 What fees and expenses may be allowed?
- Information Required From Applicants
- § 4.610 What information must my application for an award contain?
- § 4.611 What information must I include in my net worth exhibit?
- § 4.612 What documentation of fees and expenses must I provide?
- § 4.613 When may I file an application for an award?
- Procedures for Considering Applications
- § 4.620 How must I file and serve documents?
- § 4.621 When may the Department or other agency file an answer?
- § 4.622 When may I file a reply?
- § 4.623 When may other parties file comments?
- § 4.624 When may further proceedings be held?
- § 4.625 How will my application be decided?
- § 4.626 How will an appeal from a decision be handled?
- § 4.627 May I seek judicial review of a final decision?
- § 4.628 How will I obtain payment of an award?
- Subpart G—Rules Applicable to Proceedings before the Director
- § 4.700 Scope.
- § 4.701 Who may appeal; who may request a hearing.
- § 4.702 Appeals procedures.
- § 4.703 Hearings procedures.
- § 4.704 Reconsideration.
- § 4.705 Department of the Interior employee matters.
- Subpart H—Specific Rules Applicable to White Earth Reservation Land Settlement Act Proceedings
- General Provisions
- § 4.710 What is this subpart's authority and scope?
- § 4.711 To what extent do other regulations and OHA Standing Orders apply?
- § 4.712 What definitions apply to this subpart?
- § 4.713 What law governs the determination of heirs?
- § 4.714 What authority does the presiding officer have during the determination process?
- § 4.715 How may minors or other legal incompetents be represented?
- Filing and Issuance
- § 4.720 Where and how must documents be filed with the presiding officer?
- § 4.721 When is a filing with the presiding officer timely?
- § 4.722 To whom will a presiding officer issue a notice, order, or decision?
- § 4.723 By what means may the presiding officer issue a notice, order, or decision?
- § 4.724 How will issuance of a presiding officer's notice, order, or decision be documented?
- Commencement of Determination Process
- § 4.730 How does the Project Director commence the determination process?
- § 4.731 What evidence must the Project Director file with the presiding officer?
- § 4.732 What will the presiding officer do after receiving the evidence filed by the Project Director?
- Preliminary Decision—Content, Notification, Objections
- § 4.740 What will a preliminary decision include?
- § 4.741 How will notification of the preliminary decision be provided?
- § 4.742 What evidence of posting of the notice of preliminary decision must be filed with the presiding officer?
- § 4.743 What are the filing requirements for objecting to a preliminary decision and requesting a hearing?
- § 4.744 What happens if no timely objection to the preliminary decision is filed?
- § 4.745 What happens if an objection to the preliminary decision is filed?
- Final Decision and Lodging of Record
- § 4.750 What must the final decision determining decedent's heirs contain?
- § 4.751 What happens to the determination process record and what must it include?
- Reconsideration of Final Decision
- § 4.760 How can a final decision be challenged?
- § 4.761 What are the requirements for filing a petition for reconsideration?
- § 4.762 Does any distribution of the estate occur while a petition for reconsideration is pending?
- § 4.763 How will the presiding officer decide a petition for reconsideration?
- § 4.764 What will the order upon reconsideration contain?
- § 4.765 How can an order upon reconsideration be challenged?
- Reopening of Closed Case and Correction of Errors
- § 4.770 What are the methods and standards for reopening a closed case?
- § 4.771 When must a petition for reopening be filed?
- § 4.772 What must be included in a petition for reopening?
- § 4.773 What is not appropriate for a petition for reopening?
- § 4.774 How will the presiding officer decide a petition for reopening?
- § 4.775 How will the presiding officer decide a case reopened on their own initiative?
- § 4.776 What will the order upon reopening contain?
- § 4.777 What happens to the record after the presiding officer issues an order upon reopening?
- § 4.778 What are non-substantive errors in an order or decision and how may they be corrected?
- Finality and Appeal of Final Decision and Orders
- § 4.780 When will the final decision and orders upon reconsideration, reopening, or remand become final?
- § 4.781 Which presiding officer decisions or orders may be appealed and who may appeal them?
- § 4.782 What happens if a petition for reconsideration and a notice of appeal are timely filed?
- § 4.783 When and how may a presiding officer's decision or order be appealed?
- § 4.784 What are the requirements for serving the notice of appeal and statement of reasons?
- § 4.785 When will the determination process record be forwarded to the Board?
- § 4.786 What actions may the Board take to resolve a timely appeal?
- § 4.787 What happens to the record after disposition?
- Procedures After Board Remand
- § 4.790 What happens if the Board remands the case to the presiding officer?
- § 4.791 What will the order upon remand contain?
- § 4.792 What happens to the record after the presiding officer issues an order upon remand?
- Subpart I— Specific Rules Applicable to Proceedings Under Part 17—Nondiscrimination of Federally Assisted Programs
- General
- § 4.800 Scope and construction of rules.
- § 4.801 Suspension of rules.
- § 4.802 Definitions.
- § 4.803 Computation of time.
- § 4.804 Extensions of time.
- § 4.805 Reduction of time to file documents.
- Designation and Responsibilities of Administrative Law Judge
- § 4.806 Designation.
- § 4.807 Authority and responsibilities.
- Appearance and Practice
- § 4.808 Participation by a party.
- § 4.809 Determination of parties.
- § 4.810 Complainants not parties.
- § 4.811 Determination and participation of amici.
- Form and Filing of Documents
- § 4.812 Form.
- § 4.813 Filing and service.
- § 4.814 Certificate of service.
- Procedures
- § 4.815 How proceedings are commenced.
- § 4.816 Notice of hearing and response thereto.
- § 4.817 Notice of opportunity to request a hearing and response thereto.
- § 4.818 Answer.
- § 4.819 Amendment of notice or answer.
- § 4.820 Consolidated or joint hearings.
- § 4.821 Motions.
- § 4.822 Disposition of motions.
- § 4.823 Interlocutory appeals.
- § 4.824 Exhibits.
- § 4.825 Admissions as to facts and documents.
- § 4.826 Discovery.
- § 4.827 Depositions.
- § 4.828 Use of depositions at hearing.
- § 4.829 Interrogatories to parties.
- § 4.830 Production of documents and things and entry upon land for inspection and other purposes.
- § 4.831 Sanctions.
- § 4.832 Consultation and advice.
- Prehearing
- § 4.833 Prehearing conferences.
- Hearing
- § 4.834 Purpose.
- § 4.835 Evidence.
- § 4.836 Official notice.
- § 4.837 Testimony.
- § 4.838 Objections.
- § 4.839 Exceptions.
- § 4.840 Offer of proof.
- § 4.841 Official transcript.
- Posthearing Procedures
- § 4.842 Proposed findings of fact and conclusions of law.
- § 4.843 Record for decision.
- § 4.844 Notification of right to file exceptions.
- § 4.845 Final review by Secretary.
- Subpart J—Specific Rules Applicable to Appeals Concerning Federal Oil and Gas Royalties
- § 4.900 Scope of rules.
- § 4.901 What is the purpose of this subpart?
- § 4.902 What appeals are subject to this subpart?
- § 4.903 What definitions apply to this subpart?
- § 4.904 When does my administrative proceeding commence and end?
- § 4.905 What if a due date falls on a day the Department or relevant office is not open for business?
- § 4.906 What if the Department does not issue a decision by the date my administrative proceeding ends?
- § 4.907 What if an IBLA decision requires ONRR or a delegated State to recalculate royalties or other payments?
- § 4.908 What is the administrative record for my appeal if it is deemed decided?
- § 4.909 How do I request an extension of time?
- Subpart K—Specific Rules Applicable to Hearings Concerning the Acknowledgment of American Indian Tribes
- General Provisions
- § 4.1001 What terms are used in this subpart?
- § 4.1002 What is the purpose of this subpart?
- § 4.1003 Which rules of procedure and practice apply?
- § 4.1004 How are time periods computed?
- Representatives
- § 4.1010 Who may represent a party, and what requirements apply to a representative?
- Document Filing and Service
- § 4.1011 What are the form and content requirements for documents under this subpart?
- § 4.1012 Where and how must documents be filed?
- § 4.1013 How must documents be served?
- ALJ's Powers, Unavailability, Disqualification, and Communications
- § 4.1014 What are the powers of the ALJ?
- § 4.1015 What happens if the ALJ becomes unavailable?
- § 4.1016 When can an ALJ be disqualified?
- § 4.1017 Are ex parte communications allowed?
- Motions
- § 4.1018 What are the requirements for motions?
- Prior Decisions
- § 4.1019 How may a party submit prior Departmental final decisions?
- Docketing, Intervention, Prehearing Conferences, and Summary Decision
- § 4.1020 What will DCHD do upon receiving the election of hearing from a petitioner?
- § 4.1021 What are the requirements for motions for intervention and responses?
- § 4.1022 How are prehearing conferences conducted?
- § 4.1023 What are the requirements for motions for recommended summary decision, responses, and issuance of a recommended summary decision?
- Information Disclosure
- § 4.1030 What are the requirements for OFA's witness and exhibit list?
- § 4.1031 Under what circumstances will the ALJ authorize a party to obtain discovery of information?
- § 4.1032 When must a party supplement or amend information?
- § 4.1033 Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony?
- § 4.1034 What are the procedures for limiting disclosure of information which is confidential or exempt by law from public disclosure?
- § 4.1035 What are the requirements for subpoenas and witness fees?
- Hearing, Briefing, and Recommended Decision
- § 4.1040 When and where will the hearing be held?
- § 4.1041 What are the parties' rights during the hearing?
- § 4.1042 Who may testify?
- § 4.1043 What are the methods for testifying?
- § 4.1044 How may a party use a deposition in the hearing?
- § 4.1045 What are the requirements for exhibits, official notice, and stipulations?
- § 4.1046 What evidence is admissible at the hearing?
- § 4.1047 What are the requirements for transcription of the hearing?
- § 4.1048 What is the standard of proof?
- § 4.1049 When will the hearing record close?
- § 4.1050 What are the requirements for post-hearing briefs?
- § 4.1051 What are the requirements for the ALJ's recommended decision?
- Subpart L—Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining
- General Provisions
- § 4.1100 Scope and definitions.
- § 4.1101 Jurisdiction of the Board.
- § 4.1102 Construction.
- § 4.1103 Eligibility to practice.
- § 4.1104 General rules relating to procedure and practice.
- § 4.1105 Parties.
- § 4.1106 Hearing sites.
- § 4.1107 Filing of documents.
- § 4.1108 Form of documents.
- § 4.1109 Service.
- § 4.1110 Intervention.
- § 4.1111 Voluntary dismissal.
- § 4.1112 Motions.
- § 4.1113 Consolidation of proceedings.
- § 4.1114 Advancement of proceedings.
- § 4.1115 Waiver of right to hearing.
- § 4.1116 Status of notices of violation and orders of cessation pending review by the Office of Hearings and Appeals.
- § 4.1117 Reconsideration.
- Hearings and Discovery
- § 4.1120 Presiding officers.
- § 4.1121 Initial orders and decisions.
- § 4.1122 Termination of jurisdiction.
- Petitions for Review of Proposed Assessments of Civil Penalties
- § 4.1150 Who may file.
- § 4.1151 Time for filing.
- § 4.1152 Contents of petition; payment required.
- § 4.1153 Answer.
- § 4.1154 Review of waiver determination.
- § 4.1155 Burdens of proof in civil penalty proceedings.
- § 4.1156 Summary disposition.
- § 4.1157 Determination by administrative law judge.
- § 4.1158 Appeals.
- Review of Section 521 Notices of Violation and Orders of Cessation
- § 4.1160 Scope.
- § 4.1161 Who may file.
- § 4.1162 Time for filing.
- § 4.1163 Effect of failure to file.
- § 4.1164 Contents of application.
- § 4.1165 Answer.
- § 4.1166 Contents of answer.
- § 4.1167 Notice of hearing.
- § 4.1168 Amendments to pleadings.
- § 4.1169 Failure to state a claim.
- § 4.1170 Related notices or orders.
- § 4.1171 Burden of proof in review of section 521 notices or orders.
- Expedited Review of Section 521(a)(2) or 521(a)(3) Orders of Cessation
- § 4.1180 Purpose.
- § 4.1181 Who may file.
- § 4.1182 Where to file.
- § 4.1183 Time for filing.
- § 4.1184 Contents of application.
- § 4.1185 Computation of time for decision.
- § 4.1186 Waiver of the 30-day decision requirement.
- § 4.1187 Procedure if 30-day decision requirement is not waived.
- Proceedings for Suspension or Revocation of Permits Under Section 521(a)(4) of the Act
- § 4.1190 Initiation of proceedings.
- § 4.1191 Answer.
- § 4.1192 Contents of answer.
- § 4.1193 Notice of hearing.
- § 4.1194 Burden of proof in suspension or revocation proceedings.
- § 4.1195 Determination by the administrative law judge.
- § 4.1196 Summary disposition.
- § 4.1197 Appeals.
- Applications for Review of Alleged Discriminatory Acts Under Section 703 of the Act
- § 4.1200 Filing of the application for review with the Office of Hearings and Appeals.
- § 4.1201 Request for scheduling of a hearing.
- § 4.1202 Response to request for the scheduling of a hearing.
- § 4.1203 Application for temporary relief from alleged discriminatory acts.
- § 4.1204 Determination by administrative law judge.
- § 4.1205 Appeals.
- Applications for Temporary Relief
- § 4.1260 Scope.
- § 4.1261 When to file.
- § 4.1262 Where to file.
- § 4.1263 Contents of application.
- § 4.1264 Response to application.
- § 4.1265 Determination on application concerning a notice of violation issued pursuant to section 521(a)(3) of the act.
- § 4.1266 Determination on application concerning an order of cessation.
- § 4.1267 Appeals.
- Appeals to the Board From Decisions or Orders of Administrative Law Judges
- § 4.1270 Petition for discretionary review of a proposed civil penalty.
- § 4.1271 Notice of appeal.
- § 4.1272 Interlocutory appeals.
- § 4.1273 Briefs.
- § 4.1274 Remand.
- § 4.1275 Final decisions.
- Appeals to the Board From Decisions of the Office of Surface Mining
- § 4.1280 Scope.
- § 4.1281 Who may appeal.
- § 4.1282 Appeals; how taken.
- § 4.1283 Service.
- § 4.1284 Answer.
- § 4.1285 Summary dismissal.
- § 4.1286 Motion for a hearing on an appeal involving issues of fact.
- § 4.1287 Action by administrative law judge.
- Petitions for Award of Costs and Expenses Under Section 525(e) of the Act
- § 4.1290 Who may file.
- § 4.1291 Where to file; time for filing.
- § 4.1292 Contents of petition.
- § 4.1293 Answer.
- § 4.1294 Who may receive an award.
- § 4.1295 Awards.
- § 4.1296 Appeals.
- Petitions for Review of Proposed Individual Civil Penalty Assessments Under Section 518(f) of the Act
- § 4.1300 Scope.
- § 4.1301 Who may file.
- § 4.1302 Time for filing.
- § 4.1303 Contents and service of petition.
- § 4.1304 Answer, motion, or statement of OSM.
- § 4.1305 Amendment of petition.
- § 4.1306 Notice of hearing.
- § 4.1307 Elements; burdens of proof.
- § 4.1308 Decision by administrative law judge.
- § 4.1309 Petition for discretionary review.
- Request for Hearing on a Preliminary Finding Concerning a Demonstrated Pattern of Willful Violations Under Section 510(c) of the Act, 30 U.S.C. 1260(c) (Federal Program; Federal Lands Program; Federal Program for Indian Lands)
- § 4.1350 Scope.
- § 4.1351 Preliminary finding by OSM.
- § 4.1352 Who may file; where to file; when to file.
- § 4.1353 Contents of request.
- § 4.1354 Determination by the administrative law judge.
- § 4.1355 Burden of proof.
- § 4.1356 Appeals.
- Request for Review of Approval or Disapproval of Applications for New Permits, Permit Revisions, Permit Renewals, the Transfer, Assignment or Sale of Rights Granted Under Permit (Federal Program; Federal Lands Program; Federal Program for Indian Lands) and for Coal Exploration Permits (Federal Program)
- § 4.1360 Scope.
- § 4.1361 Who may file.
- § 4.1362 Where to file; when to file.
- § 4.1363 Contents of request; amendment of request; responses.
- § 4.1364 Time for hearing; notice of hearing; extension of time for hearing.
- § 4.1365 Status of decision pending administrative review.
- § 4.1366 Burdens of proof.
- § 4.1367 Request for temporary relief.
- § 4.1368 Determination by the Administrative Law Judge.
- § 4.1369 Petition for discretionary review; judicial review.
- Review of OSM Decisions Proposing To Suspend or Rescind or Suspending or Rescinding Improvidently Issued Permits
- § 4.1370 Scope.
- § 4.1371 Who may file, where to file, when to file.
- § 4.1372 Contents of request for review, response to request, amendment of request.
- § 4.1373 Hearing.
- § 4.1374 Burdens of proof.
- § 4.1375 Time for initial decision.
- § 4.1376 Petition for temporary relief from notice of proposed suspension or rescission or notice of suspension or rescission; appeals from decisions granting or denying temporary relief.
- § 4.1377 Petition for discretionary review of initial decision.
- Review of Office of Surface Mining Written Decisions Concerning Ownership or Control Challenges
- § 4.1380 Scope.
- § 4.1381 Who may file; when to file; where to file.
- § 4.1382 Contents of request for review; response to request; amendment of request.
- § 4.1383 Hearing.
- § 4.1384 Burdens of proof.
- § 4.1385 Time for initial decision.
- § 4.1386 Petition for temporary relief from decision; appeals from decisions granting or denying temporary relief.
- § 4.1387 Petition for discretionary review of initial decisions.
- Request for Review of OSM Determinations of Issues Under 30 CFR Part 761 (Federal Program; Federal Lands Program; Federal Program for Indian Lands)
- § 4.1390 Scope.
- § 4.1391 Who may file; where to file; when to file; filing of administrative record.
- § 4.1392 Contents of request; amendment of request; responses.
- § 4.1393 Status of decision pending administrative review.
- § 4.1394 Burden of proof.
- Subpart M—Special Procedural Rules Applicable to Appeals of Decisions Made Under OMB Circular A-76
- § 4.1600 Purpose and nature of the appeal process.
- § 4.1601 Basis for appeal.
- § 4.1602 Who may appeal under this procedure.
- § 4.1603 Appeal period.
- § 4.1604 Method of filing an appeal.
- § 4.1605 Action by the Office of Hearings and Appeals.
- § 4.1606 Department representation.
- § 4.1607 Processing the appeal.
- § 4.1608 Oral presentations.
- § 4.1609 Multiple appeals.
- § 4.1610 Decision of the appeals official.
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