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Electronic Code of Federal Regulations

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e-CFR Data is current as of October 21, 2014

Title 43Subtitle APart 4


TITLE 43—Public Lands: Interior

Subtitle A—OFFICE OF THE SECRETARY OF THE INTERIOR

PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES

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Subpart A—GENERAL; OFFICE OF HEARINGS AND APPEALS

§4.1
Scope of authority; applicable regulations.
§4.2
Membership of appeals boards; decisions, functions of Chief Judges.
§4.3
Representation before appeals boards.
§4.4
Public records; locations of field offices.
§4.5
Power of the Secretary and Director.
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Subpart B—GENERAL RULES RELATING TO PROCEDURES AND PRACTICE

§4.20
Purpose.
§4.21
General provisions.
§4.22
Documents.
§4.23
Transcript of hearings.
§4.24
Basis of decision.
§4.25
Oral argument.
§4.26
Subpoena power and witness provisions generally.
§4.27
Standards of conduct.
§4.28
Interlocutory appeals.
§4.29
Remands from courts.
§4.30
Information required by forms.
§4.31
Request for limiting disclosure of confidential information.
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Subpart C—[RESERVED]

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Subpart D—RULES APPLICABLE IN INDIAN AFFAIRS HEARINGS AND APPEALS

Scope of Subpart; Definitions

§4.200
How to use this subpart.
§4.201
Definitions.
§§4.202-4.308
[Reserved]

General Rules Applicable to Proceedings on Appeal Before the Interior Board of Indian Appeals

§4.310
Documents.
§4.311
Briefs on appeal.
§4.312
Board decisions.
§4.313
Amicus curiae; intervention; joinder motions.
§4.314
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.

Appeals to the Board of Indian Appeals in Probate Matters

§4.320
Who may appeal a judge's decision or order?
§4.321
How do I appeal a judge's decision or 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?

Appeals to the Board of Indian Appeals from Administrative Actions of Officials of the Bureau of Indian Affairs: Administrative Review in Other Indian Matters 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.
§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.

White Earth Reservation Land Settlement Act of 1985; Authority of Administrative Judges; Determinations of the Heirs of Persons Who Died Entitled to Compensation

§4.350
Authority and scope.
§4.351
Commencement of the determination process.
§4.352
Determination of administrative judge and notice thereof.
§4.353
Record.
§4.354
Reconsideration or rehearing.
§4.355
Omitted compensation.
§4.356
Appeals.
§4.357
Guardians for minors and incompetents.
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Subpart E—SPECIAL RULES APPLICABLE TO PUBLIC LAND HEARINGS AND APPEALS

Appeals Procedures

Appeals Procedures; General

§4.400
Definitions.
§4.401
Documents.
§4.402
Summary dismissal.
§4.403
Finality of decision; reconsideration.
§4.404
Consolidation.
§4.405
Extensions of time.
§4.406
Intervention; amicus curiae.
§4.407
Motions.

appeals to the board of land appeals

§4.410
Who may appeal.
§4.411
Appeal; how taken, mandatory time limit.
§4.412
Statement of reasons; statement of standing; reply briefs.
§4.413
Service of notice of appeal.
§4.414
Answers.
§4.415
Motion for a hearing on an appeal involving questions of fact.
§4.416
Appeals of wildfire management decisions.

Hearings Procedures

§4.420
Applicability of general rules.
§4.421
Definitions.
§4.422
Documents.
§4.423
Subpoena power and witness provisions.

hearings on appeals involving questions of fact

§4.430
Prehearing conferences.
§4.431
Fixing of place and date for hearing; notice.
§4.432
Postponements.
§4.433
Authority of the administrative law judge.
§4.434
Conduct of hearing.
§4.435
Evidence.
§4.436
Reporter's fees.
§4.437
Copies of transcript.
§4.438
Action by administrative law judge.
§4.450
Private contests and protests.
§4.450-1
By whom private contest may be initiated.
§4.450-2
Protests.
§4.450-3
Initiation of contest.
§4.450-4
Complaints.
§4.450-5
Service.
§4.450-6
Answer to complaint.
§4.450-7
Action by manager.
§4.450-8
Amendment of answer.
§4.451
Government contests.
§4.451-1
How initiated.
§4.451-2
Proceedings in Government contests.
§4.452
Proceedings before the administrative law judge.
§4.452-1
Prehearing conferences.
§4.452-2
Notice of hearing.
§4.452-3
Postponements.
§4.452-4
Authority of administrative law judge.
§4.452-5
Conduct of hearing.
§4.452-6
Evidence.
§4.452-7
Reporter's fees.
§4.452-8
Findings and conclusions; decision by administrative law judge.
§4.452-9
Appeal to Board.

Grazing Procedures (Inside and Outside Grazing Districts)

§4.470
How to appeal a final BLM grazing decision to an administrative law judge.
§4.471
How to petition for a stay of a final BLM grazing decision.
§4.472
Action on an appeal and petition for a stay.
§4.473
Time and place of hearing; notice; intervenors.
§4.474
Authority of administrative law judge.
§4.475
Service.
§4.476
Conduct of hearing; reporter's fees; transcript.
§4.477
Findings and conclusions; decision by administrative law judge.
§4.478
Appeals to the Board of Land Appeals; judicial review.
§4.479
Effectiveness of decision during appeal.
§4.480
Conditions of decision action.
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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?
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Subpart G—SPECIAL RULES APPLICABLE TO OTHER APPEALS AND HEARINGS

§4.700
Who may appeal.
§4.701
Notice of appeal.
§4.702
Transmittal of appeal file.
§4.703
Pleadings.
§4.704
Decisions on appeals.
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Subpart H—[RESERVED]

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Subpart I—SPECIAL PROCEDURAL RULES APPLICABLE TO PRACTICE AND PROCEDURE FOR HEARINGS, DECISIONS, AND ADMINISTRATIVE REVIEW UNDER PART 17 OF THIS TITLE—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF THE INTERIOR—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964

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.
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Subpart J—SPECIAL RULES APPLICABLE TO APPEALS CONCERNING FEDERAL OIL AND GAS ROYALTIES AND RELATED MATTERS

§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 appeal 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 appeal ends?
§4.907
What if an IBLA decision requires MMS 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?
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Subpart K—[RESERVED]

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Subpart L—SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS

General Provisions

§4.1100
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.

Evidentiary Hearings

§4.1120
Presiding officers.
§4.1121
Powers of administrative law judges.
§4.1122
Conduct of administrative law judges.
§4.1123
Notice of hearing.
§4.1124
Certification of interlocutory ruling.
§4.1125
Summary decision.
§4.1126
Proposed findings of fact and conclusions of law.
§4.1127
Initial orders and decisions.
§4.1128
Effect of initial order or decision.
§4.1129
Certification of record.

Discovery

§4.1130
Discovery methods.
§4.1131
Time for discovery.
§4.1132
Scope of discovery.
§4.1133
Sequence and timing of discovery.
§4.1134
Supplementation of responses.
§4.1135
Motion to compel discovery.
§4.1136
Failure to comply with orders compelling discovery.
§4.1137
Depositions upon oral examination or upon written questions.
§4.1138
Use of depositions.
§4.1139
Written interrogatories to parties.
§4.1140
Production of documents and things and entry upon land for inspection and other purposes.
§4.1141
Admissions.

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.
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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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