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FEDERAL · 43 CFR

Part 4 — Department of the Interior Hearings and Appeals Procedures

435 sections · Title 43: Public Lands: Interior

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